What types of affidavits or declarations can be filed under 37 CFR 1.130?

What types of affidavits or declarations can be filed under 37 CFR 1.130?

Under 37 CFR 1.130, there are two main types of affidavits or declarations that can be filed. As outlined in MPEP 717.01:

“37 CFR 1.130 provides a mechanism for filing an affidavit or declaration 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).”

The two types are:

1. Declaration of Attribution (37 CFR 1.130(a)): Used to attribute a prior public disclosure to the inventor or a joint inventor.
2. Declaration of Prior Public Disclosure (37 CFR 1.130(b)): Used to disqualify an intervening disclosure as prior art by establishing that the subject matter was publicly disclosed by the inventor before the intervening disclosure.

These affidavits or declarations are crucial tools for inventors to protect their rights under the AIA system, allowing them to overcome certain prior art rejections or disqualify intervening disclosures.

To learn more:

• 37 CFR 1.130
• affidavit types
• declaration types
• attribution
• prior public disclosure

To learn more:

• 37 CFR 1.130