What factors are considered when evaluating a declaration under 37 CFR 1.130(b)?

When evaluating a declaration under 37 CFR 1.130(b), the USPTO considers several factors: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit shows sufficient facts to establish that the subject matter was publicly disclosed by the inventor or someone who obtained it from the inventor Whether the…

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What are the key criteria for evaluating declarations under 37 CFR 1.130(b)?

When evaluating declarations under 37 CFR 1.130(b), patent examiners consider several key criteria: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit or declaration shows sufficient facts to establish prior public disclosure Whether the formal requirements of the declaration or affidavit are met Whether the affidavit or…

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Does a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?

No, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure was enabling under 35 U.S.C. 112(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from…

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How does a 37 CFR 1.130(b) declaration of prior public disclosure differ from a 1.130(a) declaration?

A 37 CFR 1.130(b) declaration of prior public disclosure serves a different purpose than a 1.130(a) declaration. As outlined in MPEP 717.01(b): Where the disclosure on which the rejection is based is not a U.S. patent or U.S. patent application publication, the applicant or patent owner may, under 37 CFR 1.130(b), establish a prior public…

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