What should be included in a declaration to show an inventor-originated disclosure?

A declaration to show an inventor-originated disclosure under 37 CFR 1.130(b) should include specific elements to effectively disqualify a disclosure as prior art. According to MPEP 717.01(b)(1), the declaration should:

• Identify the subject matter publicly disclosed.
• Provide the date of the public disclosure.
• Identify the names of the inventors responsible for the public disclosure.
• Provide a reasonable explanation of the presence of additional authors in the prior art disclosure, if applicable.
• Include evidence supporting the declaration, such as copies of the public disclosure.

The MPEP states:

“The evidence submitted with the declaration or affidavit should establish that the prior art disclosure is an inventor-originated disclosure. To do so, the declaration or affidavit should provide a reasonable explanation of the presence of additional authors of the prior art subject matter.”

It’s crucial that the declaration clearly shows how the disclosure originated from the inventor or someone who obtained the information from the inventor.

To learn more:

• inventor-originated disclosure
• declaration content
• 37 CFR 1.130(b)
• public disclosure

To learn more:

• 37 CFR 1.130(b)