How does a 37 CFR 1.130(a) declaration differ from other types of patent declarations?

A declaration under 37 CFR 1.130(a) serves a specific purpose that distinguishes it from other types of patent declarations. According to MPEP 717.01(a)(1): A declaration under 37 CFR 1.130(a) is not an appropriate vehicle for explaining or establishing conception, reduction to practice, or diligence. Key differences include: Purpose: 1.130(a) declarations attribute a disclosure to the…

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How does a 37 CFR 1.130(b) declaration of prior public disclosure differ from a 1.130(a) declaration?

A 37 CFR 1.130(b) declaration of prior public disclosure serves a different purpose than a 1.130(a) declaration. As outlined in MPEP 717.01(b): Where the disclosure on which the rejection is based is not a U.S. patent or U.S. patent application publication, the applicant or patent owner may, under 37 CFR 1.130(b), establish a prior public…

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What is the difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits?

The main difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits lies in their applicability to different versions of patent law: 37 CFR 1.130(a) declarations are used for applications subject to the first inventor to file provisions of the AIA (America Invents Act). 37 CFR 1.132 affidavits are used for applications subject to…

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How does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?

Declarations under 37 CFR 1.130(a) and (b) serve different purposes in patent examination: 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor. 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor or joint inventor. As stated in MPEP 717.01(a): ‘The provisions of 37 CFR…

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