What is the purpose of an affidavit or declaration under 37 CFR 1.130?

An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art or provide evidence of prior public disclosure or use. As stated in MPEP 717.01:

’37 CFR 1.130 provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art in accordance with 35 U.S.C. 102(b).’

This mechanism is crucial for inventors to overcome certain prior art rejections and establish their right to a patent.

To learn more:

• affidavit
• declaration
• 37 CFR 1.130
• prior art
• disqualification

To learn more:

• 37 CFR 1.130