How can an applicant show that a reference is describing an inventor’s own work to overcome a pre-AIA 35 U.S.C. 102(e) rejection?
An applicant can overcome a pre-AIA 35 U.S.C. 102(e) rejection by showing that the reference is describing the inventor’s own work. This is typically done by filing an affidavit or declaration under 37 CFR 1.132. The MPEP states: “A rejection based on pre-AIA 35 U.S.C. 102(e) can be overcome by filing an affidavit or declaration…
Read MoreHow can priority claims be used to overcome a pre-AIA 35 U.S.C. 102(e) rejection?
Priority claims can be an effective way to overcome a pre-AIA 35 U.S.C. 102(e) rejection. This can be done through either foreign priority claims or domestic benefit claims. For foreign priority claims, the MPEP states: “Submitting a claim to priority under 35 U.S.C. 119(a) – (d) within the time period set in 37 CFR 1.55”…
Read MoreHow can an applicant overcome a rejection under pre-AIA 35 U.S.C. 102(e)?
An applicant can overcome a rejection under pre-AIA 35 U.S.C. 102(e) through several methods: Persuasively arguing that the claims are patentably distinguishable from the prior art Amending the claims to patentably distinguish over the prior art Filing an affidavit or declaration under 37 CFR 1.132 showing that the reference invention is not by “another” Filing…
Read MoreIs diligence or reduction to practice required when showing that a reference describes an inventor’s own work?
When showing that a reference describes an inventor’s own work to overcome a pre-AIA 35 U.S.C. 102(e) rejection, the applicant does not need to show diligence or reduction to practice. The MPEP clearly states: “When the reference reflects an inventor’s or at least one joint inventor’s own work, evidence of diligence or reduction to practice…
Read MoreWhat is the significance of an affidavit or declaration under 37 CFR 1.131(a) in overcoming a pre-AIA 35 U.S.C. 102(e) rejection?
An affidavit or declaration under 37 CFR 1.131(a) can be used to overcome a pre-AIA 35 U.S.C. 102(e) rejection by proving prior invention. However, it’s important to note that this method has limitations. The MPEP states: “An affidavit or declaration under 37 CFR 1.131(a) can overcome a prior art rejection under pre‑AIA 35 U.S.C. 102(e)…
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