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

There are two main types of affidavits or declarations that can be filed under 37 CFR 1.130, as outlined in MPEP 717.01:

• Declaration of attribution (37 CFR 1.130(a)): Used to establish that the disclosure 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.
• Declaration of prior public disclosure (37 CFR 1.130(b)): Used to establish that the subject matter disclosed had 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 joint inventor before the date of the intervening disclosure.

These declarations help inventors overcome certain prior art rejections by providing evidence of their inventorship or prior disclosure.

To learn more:

• affidavit types
• declaration types
• 37 CFR 1.130(a)
• 37 CFR 1.130(b)
• attribution
• prior public disclosure

To learn more:

• 37 CFR 1.130