What are the two main scenarios covered by 37 CFR 1.130 affidavits?
The MPEP 2155.04 outlines two main scenarios that can be addressed by affidavits or declarations under 37 CFR 1.130: Inventor or Joint Inventor Disclosure (37 CFR 1.130(a)): “The disclosure in question was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a…
Read MoreWhat applications are subject to MPEP 2155.04?
MPEP 2155.04 is specifically applicable to patent applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). The section begins with an editor’s note that states: “This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the…
Read MoreDoes an affidavit under 37 CFR 1.130 need to demonstrate enablement?
No, an affidavit or declaration under 37 CFR 1.130 does not need to demonstrate enablement. The MPEP 2155.04 clearly states: “An affidavit or declaration under 37 CFR 1.130(a) or (b) need not demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to establish that a disclosure was made by the inventor, a joint inventor, or someone who obtained the subject matter from them. According to MPEP 2155.04, it must show either: “(1) the disclosure in question was made by the inventor or a joint inventor, or the…
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