What are the timing limitations for using a 37 CFR 1.130(b) 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. There are important timing limitations to consider when using a declaration under 37 CFR 1.130(b) . According to MPEP 717.01(b) : ‘The provisions of 37 CFR 1.130(b) are not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention.’ This means: The declaration can only be used for disclosures made less than one year before the effective filing date of the claimed invention. If the disclosure was made more than one year before the effective filing date, 37 CFR 1.130(b) cannot be used to overcome the rejection. It’s crucial for applicants to be aware of these timing limitations when considering the use of a 37 CFR 1.130(b) declaration to overcome a prior art rejection. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit for Disclosure Not Prior Art MPEP 717 Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Affidavits to Disqualify Prior Art Under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717.01(b) Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Co-Worker Patents Not Prior Art Under AIA MPEP 717 Public Disclosure by Inventor Not Prior Art MPEP 717.01(b) Prohibited Disclosure by Inventor Within One Year Not Prior Art MPEP 717 Prohibited Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.130(b) declaration be used for U.S. patents or patent application publications? How does a prior public disclosure affect the grace period under AIA? How does a prior public disclosure affect the applicati...