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

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 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).”