Inventor Priya Raman, with two lab technicians, co-authored a journal article describing her new battery separator, published on May 6, 2025. She filed a U.S. nonprovisional application naming herself as sole inventor and claiming the separator on April 14, 2026, without any benefit or priority claim. The examiner rejects the claims under 35 U.S.C. 102(a)(1) over the article. Which reply is most likely to overcome the rejection?
Answer: A Rule 130(a) declaration of attribution explaining the technicians' role. The article was published less than one year before the April 14, 2026 effective filing date, so 102(b)(1)(A) can except it if the disclosure was made by the inventor. Because the article names more authors than the application names inventors, it is not apparent from the article that it is inventor-originated, so it is treated as prior art until the record shows otherwise. An unequivocal 1.130(a) declaration of attribution with a reasonable explanation of the other authors' presence can supply that showing (MPEP 2153.01(a), 2155.01). Why not the others: - A Rule 131 declaration: antedating a reference applies to pre-AIA applications, not to applications under the first-inventor-to-file provisions. - Arguing that co-authorship alone defeats the article: with extra authors named, the exception needs evidence, not just argument. - A terminal disclaimer: it addresses double patenting, not anticipation by a publication. - Claiming benefit under 35 U.S.C. 120: benefit is claimed to an earlier-filed application, never to a publication. Rule: An inventor's own disclosure made one year or less before the effective filing date is excepted by 102(b)(1)(A); where other authors are named, show it with a 1.130(a) declaration. Source: MPEP § 2153.01(a), § 2155.01 (9th ed., Rev. 01.2024); 35 U.S.C. 102(a)(1), 102(b)(1)(A); 37 CFR 1.130(a); as at Oct 2026
Assuming an article co-written by the inventor is automatically excepted even though it names extra authors.
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