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) serves to disqualify a disclosure as prior art by establishing that 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 joint inventor, before the date of the reference or intervening disclosure.

According to MPEP 717.01(b): “The provision of 37 CFR 1.130(b) is not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention.” This means that the declaration or affidavit is used to establish a grace period disclosure, effectively removing certain disclosures from being considered as prior art against the claimed invention.

To learn more:

• 37 CFR 1.130(b)
• prior art
• grace period
• public disclosure

To learn more:

• declaration
• affidavit
• 37 CFR 1.130(b)