What is the purpose of a declaration under 37 CFR 1.130(a) in patent examination?

A declaration under 37 CFR 1.130(a) serves a specific purpose in patent examination:

• It is used to attribute a disclosure to an inventor or joint inventor to disqualify it as prior art.
• The declaration aims to establish that the disclosure was made by the inventor or a joint inventor, or obtained directly or indirectly from them.

As stated in MPEP 717.01(a):

‘When a rejection is based on a disclosure made one year or less before the effective filing date of the claimed invention, the rejection can be overcome under AIA 35 U.S.C. 102(b)(1)(A) by showing that the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.’

This declaration is crucial for inventors to overcome certain prior art rejections and protect their inventions.

To learn more:

• 37 CFR 1.130(a)
• declaration
• prior art
• attribution
• AIA

To learn more:

• 37 CFR 1.130(a)