What is the role of affidavits or declarations in establishing the grace period inventor-originated disclosure exception?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Affidavits or declarations play a crucial role in establishing the grace period inventor-originated disclosure exception when it’s not apparent from the disclosure itself or the patent application specification. The MPEP states: “ The Office has provided a mechanism for filing an affidavit or declaration (under 37 CFR 1.130) to establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a) due to an exception in AIA 35 U.S.C. 102(b). See MPEP § 717. “ Specifically: An affidavit or declaration under 37 CFR 1.130(a) can be used to establish that the disclosure falls under the AIA 35 U.S.C. 102(b)(1)(A) exception This is particularly useful when it’s not apparent from the prior disclosure or the patent application specification that the prior disclosure is an inventor-originated disclosure The affidavit or declaration provides evidence to show that the prior disclosure was an inventor-originated disclosure made during the grace period For more details on using affidavits or declarations to show inventor-originated disclosures, refer to MPEP § 2155.01 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inventor-Originated Disclosure Not Prior Art Within One Year MPEP 2153.01 Inventor-Originated Disclosure Within One Year Not Prior Art MPEP 2153.01 Inventor-Originated Disclosures Within Grace Period Not Prior Art MPEP 2153.01 Inventor-Disclosed Work Not Prior Art Within One Year MPEP 2153.01 Effective Filing Date of Invention MPEP 2153.01 Affidavit or Declaration for AIA Prior Art Exceptions MPEP 2155 Exceptions to Prior Art Due to Intervening Disclosure MPEP 2155 Permitted Requirement to Disqualify Prior Art by Affidavit MPEP 2155 Permitted Requirement for Di...