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

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.

To learn more:

• 37 CFR 1.130(a)
• declaration evidence
• inventor disclosure
• patent application
• prior art

To learn more:

• 37 CFR 1.130(a)