Is there a requirement for the mode of disclosure to be the same in a 37 CFR 1.130(b) declaration?
No, there is no requirement for the mode of disclosure to be the same in a 37 CFR 1.130(b) declaration. The MPEP clearly states: There is no requirement under 35 U.S.C. 102(b)(1)(B) that the mode of disclosure by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly…
Read MoreWhat happens if a declaration under 37 CFR 1.130(b) is insufficient?
What happens if a declaration under 37 CFR 1.130(b) is insufficient? If a declaration under 37 CFR 1.130(b) is insufficient, the examiner will determine whether the subject matter disclosed and the claimed invention are identical or if the subject matter disclosed is obvious over the claimed invention. As stated in MPEP 717.01(b)(1): “If the declaration…
Read MoreHow does a 37 CFR 1.130(b) declaration establish the date of prior public disclosure?
How does a 37 CFR 1.130(b) declaration establish the date of prior public disclosure? A 37 CFR 1.130(b) declaration establishes the date of prior public disclosure by providing evidence of the public availability of the disclosed subject matter before the relevant date of the potential prior art. According to MPEP 717.01(b): ‘The evidence necessary to…
Read MoreWhat is the significance of the grace period in evaluating declarations under 37 CFR 1.130(b)?
What is the significance of the grace period in evaluating declarations under 37 CFR 1.130(b)? The grace period is crucial when evaluating declarations under 37 CFR 1.130(b). As explained in MPEP 717.01(b)(1): “If the declaration provides sufficient evidence that the publicly disclosed subject matter was publicly disclosed by the inventor or a joint inventor or…
Read MoreWhat is the grace period for prior public disclosures under 37 CFR 1.130(b)?
The grace period for prior public disclosures under 37 CFR 1.130(b) is one year before the effective filing date of the claimed invention. This is based on the provisions of 35 U.S.C. 102(b)(1)(B), which states: 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed…
Read MoreAre exhibits always required with a 37 CFR 1.130(b) declaration?
Exhibits are not always required with a 37 CFR 1.130(b) declaration, but they may be necessary in some situations. The MPEP explains: 37 CFR 1.130 does not contain a provision that ‘Original exhibits of drawings or records, or photocopies thereof, must accompany and form part of the affidavit or declaration or their absence must be…
Read MoreHow does an examiner evaluate the sufficiency of evidence in a 1.130(b) declaration?
When evaluating the sufficiency of evidence in a declaration under 37 CFR 1.130(b), examiners follow specific guidelines. According to MPEP 717.01(b)(1): “The evidence necessary to show that the disclosure is by the inventor or a joint inventor must be evaluated by considering the facts and circumstances surrounding the disclosure of the subject matter. The evidence…
Read MoreWhat evidence is required in a declaration under 37 CFR 1.130(b) for prior public disclosure?
A declaration under 37 CFR 1.130(b) for prior public disclosure requires specific evidence to be effective. According to MPEP 717.01(b): “The evidence necessary to show prior public disclosure under AIA 35 U.S.C. 102(b) by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or…
Read MoreWhat evidence is required in a 1.130(b) declaration for prior public disclosure?
A declaration under 37 CFR 1.130(b) requires specific evidence to establish a prior public disclosure. As outlined in MPEP 717.01(b), the declaration should include: The subject matter that was publicly disclosed; The date of the public disclosure; and The manner of the public disclosure. The MPEP states: “The evidence necessary to show prior public disclosure…
Read MoreHow does an examiner evaluate the scope of the subject matter disclosed in a declaration under 37 CFR 1.130(b)?
How does an examiner evaluate the scope of the subject matter disclosed in a declaration under 37 CFR 1.130(b)? When evaluating a declaration under 37 CFR 1.130(b), the examiner must carefully consider the scope of the subject matter disclosed. According to MPEP 717.01(b)(1): “The examiner will determine whether the subject matter disclosed in the disclosure…
Read More