What is the difference between a 1.130(a) and 1.130(b) declaration?

The main difference between a 1.130(a) and 1.130(b) declaration lies in the type of exception they are used to establish:

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

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 is not prior art in accordance with 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B).”

To learn more:

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