MPEP § 715.01(d) — Activities Applied Against the Claims (Annotated Rules)
§715.01(d) Activities Applied Against the Claims
This page consolidates and annotates all enforceable requirements under MPEP § 715.01(d), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Activities Applied Against the Claims
This section addresses Activities Applied Against the Claims. Primary authority: 35 U.S.C. 102, 37 CFR 1.131(a), and 37 CFR 1.132. Contains: 2 permissions.
Key Rules
Antedating Reference – Pre-AIA (MPEP 2136.05)
[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). See 35 U.S.C. 100 (note) and MPEP § 2159. For a discussion of 37 CFR 1.130, affidavits or declarations of attribution or prior public disclosure in applications subject to the first inventor to file provisions of the AIA, see MPEP § 717. For a discussion of affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718.]
Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing date of the application may be overcome by an affidavit or declaration under 37 CFR 1.131(a) establishing a date of invention prior to the date of the activity. Alternatively, the applicant may overcome the rejection by filing a specific affidavit or declaration under 37 CFR 1.132 showing that the activity was performed by the inventor or at least one joint inventor.
Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)
[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). See 35 U.S.C. 100 (note) and MPEP § 2159. For a discussion of 37 CFR 1.130, affidavits or declarations of attribution or prior public disclosure in applications subject to the first inventor to file provisions of the AIA, see MPEP § 717. For a discussion of affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718.]
AIA vs Pre-AIA Practice
[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). See 35 U.S.C. 100 (note) and MPEP § 2159. For a discussion of 37 CFR 1.130, affidavits or declarations of attribution or prior public disclosure in applications subject to the first inventor to file provisions of the AIA, see MPEP § 717. For a discussion of affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718.]
Determining Whether Application Is AIA or Pre-AIA
Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing date of the application may be overcome by an affidavit or declaration under 37 CFR 1.131(a) establishing a date of invention prior to the date of the activity. Alternatively, the applicant may overcome the rejection by filing a specific affidavit or declaration under 37 CFR 1.132 showing that the activity was performed by the inventor or at least one joint inventor.
Citations
| Primary topic | Citation |
|---|---|
| AIA vs Pre-AIA Practice Antedating Reference – Pre-AIA (MPEP 2136.05) Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | 35 U.S.C. § 100 |
| Antedating Reference – Pre-AIA (MPEP 2136.05) Determining Whether Application Is AIA or Pre-AIA | 35 U.S.C. § 102 |
| AIA vs Pre-AIA Practice Antedating Reference – Pre-AIA (MPEP 2136.05) Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | 35 U.S.C. § 102(g) |
| AIA vs Pre-AIA Practice Antedating Reference – Pre-AIA (MPEP 2136.05) Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | 37 CFR § 1.130 |
| Antedating Reference – Pre-AIA (MPEP 2136.05) Determining Whether Application Is AIA or Pre-AIA | 37 CFR § 1.131(a) |
| AIA vs Pre-AIA Practice Antedating Reference – Pre-AIA (MPEP 2136.05) Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | 37 CFR § 1.131(c) |
| Antedating Reference – Pre-AIA (MPEP 2136.05) Determining Whether Application Is AIA or Pre-AIA | 37 CFR § 1.132 |
| AIA vs Pre-AIA Practice Antedating Reference – Pre-AIA (MPEP 2136.05) Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | MPEP § 2159 |
| AIA vs Pre-AIA Practice Antedating Reference – Pre-AIA (MPEP 2136.05) Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | MPEP § 717 |
| AIA vs Pre-AIA Practice Antedating Reference – Pre-AIA (MPEP 2136.05) Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | MPEP § 718 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 715.01(d) — Activities Applied Against the Claims
Source: USPTO715.01(d) Activities Applied Against the Claims [R-08.2017]
[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). See 35 U.S.C. 100 (note) and MPEP § 2159. For a discussion of 37 CFR 1.130, affidavits or declarations of attribution or prior public disclosure in applications subject to the first inventor to file provisions of the AIA, see MPEP § 717. For a discussion of affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718.]
Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing date of the application may be overcome by an affidavit or declaration under 37 CFR 1.131(a) establishing a date of invention prior to the date of the activity. Alternatively, the applicant may overcome the rejection by filing a specific affidavit or declaration under 37 CFR 1.132 showing that the activity was performed by the inventor or at least one joint inventor.