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.
A declaration or affidavit under 37 CFR 1.130(a) serves to attribute a disclosure that might otherwise qualify as prior art to the inventor or joint inventor. Its purpose is to establish that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them.
As stated in 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 to remove potential prior art that could otherwise be used against the patent application.