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

A declaration 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 before the date of the disclosure being used as prior art. As stated in MPEP 717.01(b):

“Where the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor before the date of the intervening disclosure, the applicant may establish by way of an affidavit or declaration that the subject matter disclosed, which was also publicly disclosed by the intervening disclosure, had been publicly disclosed by the inventor or a joint inventor before the date of the intervening disclosure.”

This declaration helps inventors protect their inventions from being considered prior art due to disclosures made after their own public disclosure but before the effective filing date of their application.

To learn more:

• 37 CFR 1.130(b)
• prior art
• public disclosure
• declaration
• patent application

To learn more:

• 37 CFR 1.130(b)