How does the America Invents Act (AIA) affect affidavits and declarations under 37 CFR 1.131(a)?
The America Invents Act (AIA) has significantly impacted the applicability of affidavits and declarations under 37 CFR 1.131(a): For applications subject to the first inventor to file provisions of the AIA, 37 CFR 1.131(a) is generally not applicable. These affidavits or declarations can still be used to overcome rejections under pre-AIA 35 U.S.C. 102(g). For…
Read MoreWhen should an affidavit or declaration under 37 CFR 1.130 be filed?
According to MPEP 717.01(f), affidavits or declarations under 37 CFR 1.130 must be timely presented to be admitted. They are considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection but before or on the same date of filing an appeal, with a…
Read MoreIn what situations are the provisions of 37 CFR 1.130 available in patent applications?
According to MPEP 717.01(d), the provisions of 37 CFR 1.130 are available in the following situations: When the rejection is based on a disclosure other than a U.S. patent or U.S. patent application publication, such as non-patent literature or a foreign patent document. When the rejection is based on a U.S. patent or U.S. patent…
Read MoreWhat is a seasonable or timely presentation of affidavits or declarations under 37 CFR 1.130?
A seasonable or timely presentation of affidavits or declarations under 37 CFR 1.130 refers to submitting these documents at specific times during the patent examination process. According to MPEP 717.01(f), these documents are considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection,…
Read MoreWhat are the requirements for exhibits filed with affidavits or declarations under 37 CFR 1.130?
Exhibits filed as part of an affidavit or declaration under 37 CFR 1.130 must comply with specific requirements. The MPEP states: Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.130, must comply with the requirements of 37 CFR 1.91 to be entered into an application file. Exhibits that…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by either: Establishing that the disclosure was made by the inventor or joint inventor, or the subject matter was obtained from the inventor or joint inventor (37 CFR 1.130(a)) Establishing that the subject matter disclosed had been publicly disclosed…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01: An applicant or…
Read MoreHow can an applicant establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b)?
Applicants can establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b) by filing an affidavit or declaration. The MPEP provides guidance on this process: The Office has provided a mechanism in 37 CFR 1.130 for filing an affidavit or declaration to establish that a disclosure made no earlier than one year…
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