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

Under 37 CFR 1.130, two types of affidavits or declarations can be filed:

1. Affidavit or declaration of attribution (37 CFR 1.130(a)): This is used to establish that a disclosure was made by the inventor or joint inventor, or that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor.
2. Affidavit or declaration of prior public disclosure (37 CFR 1.130(b)): This is used to establish that the subject matter disclosed had been publicly disclosed by the inventor, joint inventor, or another who obtained the subject matter from them before the prior art disclosure.

As stated in the MPEP: Under 37 CFR 1.130(a), an affidavit or declaration of attribution may be submitted to except a disclosure as prior art because it was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. Under 37 CFR 1.130(b), an affidavit or declaration of prior public disclosure may be submitted to except an intervening disclosure as prior art if the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed […], been publicly disclosed 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.

To learn more:

• 37 CFR 1.130
• affidavit
• declaration
• attribution
• prior public disclosure
• AIA
• America Invents Act