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

A declaration under 37 CFR 1.130(b) should include specific information to effectively attribute the subject matter of a grace period inventor disclosure. According to MPEP 717.01(b)(1), the declaration should include:

• Identification of the subject matter publicly disclosed: This should be specific and correspond to the subject matter disclosed in the prior art reference.
• Date of the inventor’s public disclosure: The date when the subject matter was publicly disclosed by the inventor or joint inventor.
• A description of the subject matter publicly disclosed: This should be detailed enough to determine that the prior art subject matter was obtained from the inventor or joint inventor.

The MPEP states:

“The 37 CFR 1.130(b) affidavit or declaration must identify the subject matter publicly disclosed and provide the date of the public disclosure of such subject matter 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.”

Including these elements helps establish that the disclosure was indeed made by the inventor or derived from the inventor’s work.

To learn more:

• 37 CFR 1.130(b)
• declaration contents
• affidavit requirements
• grace period disclosure

To learn more:

• 37 CFR 1.130(b)