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

A declaration or affidavit under 37 CFR 1.130(b) is used to show that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by: (1) the inventor or a joint inventor; or (2) another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.

As stated in the MPEP: In making a submission under 37 CFR 1.130(b), the applicant or patent owner is attempting to show that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by: (1) the inventor or a joint inventor; or (2) another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.

To learn more:

• 37 CFR 1.130(b)
• declarations
• affidavits
• prior art
• public disclosure

To learn more:

• 37 CFR 1.130(b)