What is the purpose of 37 CFR 1.130 affidavits or declarations?

The purpose of affidavits or declarations under 37 CFR 1.130 is to overcome prior art rejections by establishing that:

• The disclosure was made by the inventor or joint inventor (1.130(a) declaration)
• The subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor (1.130(a) declaration)
• 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 (1.130(b) declaration)

As stated in MPEP 2155: “37 CFR 1.130 provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a) due to an exception in AIA 35 U.S.C. 102(b).”

To learn more:

• 37 CFR 1.130
• affidavits
• declarations
• prior art rejections
• AIA 35 U.S.C. 102