What types of affidavits or declarations are mentioned in MPEP ¶ 2.03?
MPEP ¶ 2.03 mentions several types of affidavits or declarations that may be submitted during patent prosecution. Specifically, it refers to: Affidavits or declarations under 37 CFR 1.130 (Declaration of Attribution or Prior Public Disclosure under the AIA) Affidavits or declarations under 37 CFR 1.131 (Affidavit or Declaration of Prior Invention to Overcome Cited Patent…
Read MoreHow do affidavits or declarations from a prior application apply to a new application?
Affidavits or declarations filed in a prior application do not automatically become part of a new application. As stated in MPEP ¶ 2.03: Affidavits or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132, filed during the prosecution of the prior application do not automatically become a part of this application. To…
Read MoreWhat is the difference between 37 CFR 1.53(b) and 37 CFR 1.53(d) applications regarding affidavits?
The treatment of affidavits and declarations differs between applications filed under 37 CFR 1.53(b) and those filed under 37 CFR 1.53(d): 37 CFR 1.53(b) applications: Affidavits and declarations from prior applications do not automatically become part of the new application. 37 CFR 1.53(d) applications: Affidavits and declarations filed during the prosecution of the parent nonprovisional…
Read MoreHow does the oath or declaration work in divisional applications?
How does the oath or declaration work in divisional applications? In divisional applications, the oath or declaration process is simplified to reduce the burden on applicants. According to MPEP 201.06(c): 37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a divisional application filed under 37 CFR 1.53(b) that contains…
Read MoreWhat is the purpose of a divisional application in patent law?
What is the purpose of a divisional application in patent law? A divisional application is a type of patent application that allows an inventor to pursue protection for different aspects of an invention that were disclosed but not claimed in a parent application. According to MPEP 201.06: A later application for an independent or distinct…
Read MoreCan I file a divisional-continuation application?
Can I file a divisional-continuation application? Yes, you can file a divisional-continuation application, which is a hybrid type of continuing application. This type of application combines aspects of both divisional and continuation applications. According to MPEP 201.06(c): “The disclosure presented in a divisional application must not include any subject matter which would constitute new matter…
Read MoreWhat are the filing requirements for a divisional application under 37 CFR 1.53(b)?
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP: ‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112,…
Read MoreHow does 37 CFR 1.63(d) relate to oath or declaration in a divisional application?
37 CFR 1.63(d) provides a simplified process for submitting an oath or declaration in a divisional application. The MPEP states: ’37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a continuation or divisional application filed by all or by fewer than all of the inventors named in a prior…
Read MoreWhat is a divisional application under 37 CFR 1.53(b)?
A divisional application under 37 CFR 1.53(b) is a type of continuation application that is filed to pursue a distinct invention that was disclosed but not claimed in a prior nonprovisional application. According to the MPEP: ‘A divisional application is often filed as a result of a restriction requirement made by the examiner.’ Divisional applications…
Read MoreWhat happens to applications filed under 37 CFR 1.62 before its deletion?
The MPEP clearly states: “All continuation, divisional and CIP applications filed under former 37 CFR 1.62 prior to December 1, 1997, will continue to be processed and examined under the procedures set forth in former 37 CFR 1.62.” This means that applications filed under the File Wrapper Continuing Procedure before its deletion will be processed…
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