What is the purpose of declarations or affidavits under 37 CFR 1.130(a)?

Declarations or affidavits under 37 CFR 1.130(a) are used to disqualify a disclosure as prior art by establishing 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.

As stated in the MPEP, 37 CFR 1.130(a) provides that when any claim of an application or a patent under reexamination is rejected, the applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing 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.

To learn more:

• 37 CFR 1.130(a)
• prior art
• disclosure
• inventor
• joint inventor
• attribution

To learn more:

• 37 CFR 1.130(a)