What is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?

A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01(a)(1):

“The provision of 37 CFR 1.130(a) is not available if the disclosure was made more than one year before the effective filing date of the claimed invention. This is statutory as the provisions of 35 U.S.C. 102(b)(1)(A) are not available in such a situation.”

This means that the declaration or affidavit is a critical tool for inventors to overcome certain types of prior art rejections, but it has specific limitations on when it can be used.

To learn more:

• 37 CFR 1.130(a)
• declaration
• affidavit
• prior art
• disclosure

To learn more:

• 37 CFR 1.130(a)