How can an applicant show that the subject matter was previously publicly disclosed?
An applicant can show that the subject matter was previously publicly disclosed by the inventor or a joint inventor before the disclosure or effective filing date of the subject matter on which the rejection was based by submitting an affidavit or declaration under 37 CFR 1.130(b). According to the MPEP: An applicant may show that…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130(b)?
An affidavit or declaration under 37 CFR 1.130(b), also known as an affidavit or declaration of prior public disclosure, serves to except an intervening disclosure as prior art. It can be used when: The subject matter disclosed had been publicly disclosed by the inventor or joint inventor before the intervening disclosure was made or effectively…
Read MoreHow can an applicant show that a disclosure was made by the inventor before an intervening disclosure?
How can an applicant show that a disclosure was made by the inventor before an intervening disclosure? To show that a disclosure was made by the inventor before an intervening disclosure, the applicant must provide evidence that establishes the inventor’s prior public disclosure. The MPEP 2155.02 outlines several ways this can be done: An affidavit…
Read MoreDoes the manner of prior public disclosure matter when submitting an affidavit or declaration?
No, the manner of prior public disclosure is not critical when submitting an affidavit or declaration under 37 CFR 1.130(b). The MPEP states: The manner of disclosure of subject matter referenced in an affidavit or declaration under 37 CFR 1.130(b)(2) is not critical. Just as the prior art provision of AIA 35 U.S.C. 102(a)(1) encompasses…
Read MoreWhat is the difference between 37 CFR 1.130(a) and 1.130(b) declarations?
The main difference between 37 CFR 1.130(a) and 1.130(b) declarations lies in the nature of the disclosure being addressed: 1.130(a) declaration: Used when the disclosure was made by the inventor or joint inventor, or the subject matter was obtained directly or indirectly from the inventor or joint inventor. 1.130(b) declaration: Used when the subject matter…
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