What factors are considered when evaluating a declaration under 37 CFR 1.130(b)?
When evaluating a declaration under 37 CFR 1.130(b), the USPTO considers several factors: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit shows sufficient facts to establish that the subject matter was publicly disclosed by the inventor or someone who obtained it from the inventor Whether the…
Read MoreWhat are the key criteria for evaluating declarations under 37 CFR 1.130(b)?
When evaluating declarations under 37 CFR 1.130(b), patent examiners consider several key criteria: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit or declaration shows sufficient facts to establish prior public disclosure Whether the formal requirements of the declaration or affidavit are met Whether the affidavit or…
Read MoreDoes 37 CFR 1.130(b) require the disclosure to be an enabling disclosure?
No, 37 CFR 1.130(b) does not require the disclosure to be an enabling disclosure within the meaning of 35 U.S.C. 112(a). The MPEP clearly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly…
Read MoreDoes a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?
No, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure was enabling under 35 U.S.C. 112(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from…
Read MoreIs the mode of disclosure important in 37 CFR 1.130(b) declarations?
No, the mode or manner of disclosure is not critical when submitting a declaration under 37 CFR 1.130(b). The MPEP clearly states: There is no requirement under 35 U.S.C. 102(b)(1)(B) that the mode of disclosure by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?
The key difference between a 37 CFR 1.130(a) declaration and a 37 CFR 1.130(b) declaration lies in their purpose and the type of disclosure they address: 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor. 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor…
Read MoreHow does a declaration under 37 CFR 1.130(b) differ from one under 37 CFR 1.130(a)?
Declarations under 37 CFR 1.130(b) and 37 CFR 1.130(a) serve different purposes in patent applications: 37 CFR 1.130(b): Used to establish prior public disclosure by the inventor or someone who obtained the subject matter from the inventor. 37 CFR 1.130(a): Used to establish that a disclosure was made by the inventor or obtained from the…
Read MoreWhat is the difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations?
What is the difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations? The main difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations lies in their purpose and the type of disclosure they address: 37 CFR 1.130(a) declaration: Used to attribute a disclosure to the inventor or a joint inventor, or to establish…
Read MoreHow does a 37 CFR 1.130(b) declaration of prior public disclosure differ from a 1.130(a) declaration?
A 37 CFR 1.130(b) declaration of prior public disclosure serves a different purpose than a 1.130(a) declaration. As outlined in MPEP 717.01(b): Where the disclosure on which the rejection is based is not a U.S. patent or U.S. patent application publication, the applicant or patent owner may, under 37 CFR 1.130(b), establish a prior public…
Read MoreWhat is the difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations?
The key difference between declarations under 37 CFR 1.130(a) and 37 CFR 1.130(b) lies in their purpose and the type of prior art they address. According to MPEP 717.01(a)(1): 37 CFR 1.130(a) declarations: These are used to establish that a disclosure was made by the inventor or joint inventor, or the subject matter was obtained…
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