What types of evidence can be used in a 37 CFR 1.130(a) declaration?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Various types of evidence can be used in a 37 CFR 1.130(a) declaration to establish that a disclosure was made by the inventor or obtained from them. While the MPEP 717.01(a)(1) doesn’t provide an exhaustive list, common types of evidence may include: Emails or correspondence between the inventor and third parties Laboratory notebooks or research records Witness statements Publication drafts or submission records Presentation materials and records of public disclosures Contracts or agreements related to the disclosure The MPEP emphasizes that evidence is evaluated on a case-by-case basis: The evidence necessary to show that the disclosure is by the inventor or a joint inventor or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor must be evaluated on a case-by-case basis. It’s important to provide clear and convincing evidence that links the inventor to the disclosure in question. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit to Disqualify Prior Art Disclosure MPEP 717.01(a) Permitted Disclosure Made by Inventor Not Prior Art MPEP 717.01(a) Prohibited Disclosure Made by Inventor Not Prior Art MPEP 717.01(a) Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited First Inventor to File Provision MPEP 717.01(a) Affidavit for Disclosure Not Prior Art MPEP 717 Co-Worker Patents Not Prior Art Under AIA MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.130(a) declaration be used for disclosures made more than o...