What is the difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits?

The main difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits lies in their applicability to different versions of patent law:

• 37 CFR 1.130(a) declarations are used for applications subject to the first inventor to file provisions of the AIA (America Invents Act).
• 37 CFR 1.132 affidavits are used for applications subject to pre-AIA 35 U.S.C. 102 and 103.

The MPEP states: Thus, the Office will treat affidavits or declarations of attribution for applications subject to the current 35 U.S.C. 102 as affidavits or declarations under 37 CFR 1.130, and affidavits or declarations of attribution for applications subject to pre-AIA 35 U.S.C. 102 as affidavits or declarations under 37 CFR 1.132, regardless of whether the affidavit or declaration is designated as an affidavit or declaration under 37 CFR 1.130, 1.131, or 1.132.

This distinction is important for determining which type of declaration or affidavit to use based on the applicable law for a given patent application.

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.132
• AIA
• pre-AIA
• patent law
• declarations
• affidavits

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.132