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

The key difference between declarations under 37 CFR 1.130(a) and 37 CFR 1.130(b) lies in their purpose and the type of prior art they address. According to MPEP 717.01(a)(1):

• 37 CFR 1.130(a) declarations: These are used to establish that a disclosure was made by the inventor or joint inventor, or the subject matter was obtained directly or indirectly from the inventor or joint inventor.
• 37 CFR 1.130(b) declarations: These are used to establish that the subject matter disclosed had been publicly disclosed by the inventor or joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor before the date of the reference or intervening disclosure.

The MPEP states:

A declaration or affidavit under 37 CFR 1.130(a) is not appropriate when the reference or disclosure is a derivation of the inventor’s or joint inventor’s own work. See 37 CFR 1.130(b).

In essence, 1.130(a) declarations address the origin of the disclosure, while 1.130(b) declarations focus on the timing of public disclosures in relation to the reference or intervening disclosure.

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.130(b)
• declaration differences
• affidavit types

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.130(b)