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. According to MPEP 717.01(a)(1):

The purpose of a declaration or affidavit submitted under 37 CFR 1.130(a) is to establish 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.

This helps inventors protect their inventions by preventing their own disclosures or those derived from their work from being used against them as prior art during the patent examination process.

To learn more:

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

To learn more:

• 37 CFR 1.130(a)