What is the purpose of 37 CFR 1.130(b)?

37 CFR 1.130(b) provides a mechanism for applicants or patent owners to disqualify certain disclosures as prior art. Specifically, it allows them to establish that the subject matter disclosed had been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor…

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How does the USPTO handle partial disqualification of prior art through a 37 CFR 1.130(b) declaration?

The USPTO allows for partial disqualification of prior art through a 37 CFR 1.130(b) declaration. If the declaration shows that only a portion of the intervening disclosure was previously publicly disclosed by the inventor, the remaining portion may still be available as prior art. The MPEP states: Any remaining portion of an intervening grace period…

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Can a 37 CFR 1.130(b) declaration be used for U.S. patents or patent application publications?

No, a declaration under 37 CFR 1.130(b) cannot be used for U.S. patents or U.S. patent application publications naming another inventor. MPEP 717.01(b) explicitly states: ‘A declaration or affidavit under 37 CFR 1.130(b) is not appropriate when the reference is either a U.S. patent or U.S. patent application publication of a patented or pending application…

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