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 attribute the subject matter disclosed in a grace period inventor disclosure to the inventor or a joint inventor. Its purpose 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.

According to MPEP 717.01(b)(1):

“The evidence necessary to show that the disclosure is by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor requires an affidavit or declaration under 37 CFR 1.130(b).”

This declaration helps overcome certain prior art rejections by showing that the disclosed subject matter originated from the inventor(s) themselves.

To learn more:

• 37 CFR 1.130(b)
• declaration
• affidavit
• grace period
• inventor disclosure

To learn more:

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