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.
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.