What should be included in a declaration or affidavit under 37 CFR 1.130(a)?

A declaration or affidavit under 37 CFR 1.130(a) should include specific information to effectively disqualify a disclosure as prior art. According to MPEP 717.01(a)(1), the declaration or affidavit should include:

• Identification of the subject matter publicly disclosed: This should be a description of what was disclosed.
• The date of the public disclosure: The specific date when the disclosure was made public.
• The names of the persons involved: Including the inventor(s) and any other individuals who were involved in the public disclosure.
• Where the public disclosure occurred: The location or medium of the disclosure (e.g., conference, publication, etc.).

The MPEP states:

The evidence necessary to show that the disclosure is by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor requires corroboration of the facts…

It’s crucial to provide sufficient corroborating evidence to support the claims made in the declaration or affidavit.

To learn more:

• 37 CFR 1.130(a)
• declaration content
• affidavit requirements
• prior art disqualification

To learn more:

• 37 CFR 1.130(a)