When can an affidavit or declaration under 37 CFR 1.130(a) be used?

An affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution, can be used in two specific situations:

1. To establish that a disclosure was made by the inventor or joint inventor.
2. To establish that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor.

This type of affidavit or declaration is used to show that the disclosure in question should not be considered prior art because it originated from the inventor(s) or someone who obtained the information from the inventor(s).

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.

To learn more:

• 37 CFR 1.130(a)
• affidavit of attribution
• declaration of attribution
• inventor disclosure
• AIA
• America Invents Act