What are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?

Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c): They must be properly signed (37 CFR 1.4). They must include the proper jurat or declaration statement (37 CFR 1.68). They should be free of erasures or interlineations made without initials or written assent of…

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What are the formal requirements for affidavits and declarations under 37 CFR 1.130?

MPEP 717.01(c) outlines the formal requirements for affidavits and declarations under 37 CFR 1.130: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer A declaration must include an acknowledgment that willful false statements are punishable by fine or imprisonment, or both (18 U.S.C. 1001) The declarant…

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What is the difference between reviewing sufficiency and reviewing merits of an affidavit?

The review process for affidavits or declarations under 37 CFR 1.130 involves two distinct aspects: sufficiency and merits. According to MPEP 717.01(e): Sufficiency: The question of sufficiency of affidavits or declarations under 37 CFR 1.130 should be reviewed and decided by a primary examiner. Merits: Review on the merits of a 37 CFR 1.130 affidavit…

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What is the difference between a derivation proceeding and using 37 CFR 1.130 provisions?

The MPEP 717.01(d) outlines the key differences between a derivation proceeding and using the provisions of 37 CFR 1.130: Derivation Proceeding: Used when there are competing claims to the same or substantially the same invention Resolves who the true inventor is when different inventive entities are involved Initiated by filing a petition pursuant to 37…

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Can an applicant’s own activities be used against their patent claims?

Yes, an applicant’s own activities can be used against their patent claims. MPEP 715.01(d) clearly states: ‘The rejection may be based on activities by the inventor(s) or a different inventive entity.’ This means that even the applicant’s own public disclosures, sales, or other activities that occurred before the effective filing date of the claimed invention…

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