What is the difference between 37 CFR 1.130(a) and 1.130(b) declarations?

The main difference between 37 CFR 1.130(a) and 1.130(b) declarations lies in the nature of the disclosure being addressed:

• 1.130(a) declaration: Used when the disclosure was made by the inventor or joint inventor, or the subject matter was obtained directly or indirectly from the inventor or joint inventor.
• 1.130(b) declaration: Used when the subject matter disclosed had been publicly disclosed by the inventor, joint inventor, or another who obtained the subject matter from them before the effective filing date of the claimed invention.

As stated in MPEP 2155: “37 CFR 1.130(a) provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art in accordance with 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A)… 37 CFR 1.130(b) provides a mechanism for filing an affidavit or declaration to establish that a disclosure was made before the effective filing date of the claimed invention under 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B).“

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.130(b)
• declarations
• prior art exceptions
• AIA 35 U.S.C. 102