What are the formal requirements for a declaration under 37 CFR 1.130(a)?

Declarations under 37 CFR 1.130(a) must meet specific formal requirements to be considered valid. According to MPEP 717.01(a)(1), these requirements include: Proper signature: The declaration must be signed by the inventor or joint inventor. Timely filing: It should be filed before the mailing of a final rejection or action that otherwise closes prosecution. Identification of…

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What types of evidence can support a declaration under 37 CFR 1.130(a)?

A declaration under 37 CFR 1.130(a) can be supported by various types of evidence. While the MPEP 717.01(a)(1) doesn’t provide an exhaustive list, it suggests that evidence should demonstrate how the subject matter was publicly disclosed. Types of evidence may include: Copies of publications or presentations Dated laboratory notebooks or research records Email correspondence or…

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What criteria are used to evaluate the effectiveness of a 37 CFR 1.130(a) declaration?

The MPEP outlines several criteria used to evaluate the effectiveness of a declaration under 37 CFR 1.130(a): Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A). Whether the affidavit or declaration shows sufficient facts to establish that the disclosure was made by the inventor or a joint inventor, or the…

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What factors are considered in evaluating the sufficiency of facts in a 37 CFR 1.130(a) declaration?

When evaluating the sufficiency of facts in a 37 CFR 1.130(a) declaration, the following factors are considered: For disclosures including the inventor or a joint inventor as an author, an unequivocal statement of inventorship with a reasonable explanation for additional authors may be acceptable. A mere statement without reasonable explanation may not be sufficient if…

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How does an examiner evaluate the sufficiency of a declaration under 37 CFR 1.130(a)?

An examiner evaluates the sufficiency of a declaration under 37 CFR 1.130(a) by considering several factors. According to MPEP 717.01(a)(1): In evaluating whether a declaration under 37 CFR 1.130(a) is sufficient, Office personnel will consider whether the declaration: (1) includes an acknowledgment by the declarant that willful false statements and the like are punishable by…

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