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…

Read More

What should be included in a declaration to show an inventor-originated disclosure?

A declaration to show an inventor-originated disclosure under 37 CFR 1.130(b) should include specific elements to effectively disqualify a disclosure as prior art. According to MPEP 717.01(b)(1), the declaration should: Identify the subject matter publicly disclosed. Provide the date of the public disclosure. Identify the names of the inventors responsible for the public disclosure. Provide…

Read More

What should be included in a declaration under 37 CFR 1.130(b)?

A declaration under 37 CFR 1.130(b) should include specific information to effectively attribute the subject matter of a grace period inventor disclosure. According to MPEP 717.01(b)(1), the declaration should include: Identification of the subject matter publicly disclosed: This should be specific and correspond to the subject matter disclosed in the prior art reference. Date of…

Read More

How does the USPTO evaluate declarations under 37 CFR 1.130(b)?

The United States Patent and Trademark Office (USPTO) evaluates declarations under 37 CFR 1.130(b) based on specific criteria outlined in MPEP 717.01(b)(1). The evaluation process includes: Timeliness: The declaration must be filed within the time periods set in 37 CFR 1.130(b). Completeness: The declaration must contain all required information and statements. Corroboration: The USPTO assesses…

Read More

How does the USPTO evaluate the sufficiency of a declaration under 37 CFR 1.130(b)?

The USPTO evaluates the sufficiency of a declaration under 37 CFR 1.130(b) by considering whether it establishes that the subject matter disclosed was publicly disclosed by the inventor, joint inventor, or another who obtained the subject matter from them, before the date of the disclosure being relied upon as prior art. MPEP 717.01(b)(1) states: “To…

Read More

How does 37 CFR 1.130(b) apply to species and genus disclosures?

The application of 37 CFR 1.130(b) to species and genus disclosures depends on the relationship between the inventor’s prior disclosure and the intervening disclosure. The MPEP provides guidance on different scenarios: Genus disclosure after species disclosure: If the inventor or a joint inventor had publicly disclosed a species, and a subsequent intervening U.S. patent, U.S.…

Read More