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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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). “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration for AIA Prior Art Exceptions MPEP 2155 Requirement to Disqualify Prior Art by Affidavit MPEP 2155 Permitted Exceptions to Prior Art Due to Intervening Disclosure MPEP 2155 Permitted Claims Must Have Effective Filing Date After March 16, 2013 MPEP 2155 Requirement for Disqualifying Prior Art MPEP 2155 Disclosure Must Be Recent for Prior Art Rejection MPEP 2155 Requirement for Affidavit of Prior Public Disclosure MPEP 2155 Required Affidavit Must Describe Public Disclosure MPEP 2155 Required Affidavit Must Include Printed Publication If Publicly Disclosed MPEP 2155 Required Petition for Derivation Proceeding When Invention Same as Anot...