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 MoreWhat 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 MoreWhat 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 MoreWhen is a declaration under 37 CFR 1.130(b) not available?
A declaration under 37 CFR 1.130(b) is not available in certain situations. The MPEP outlines two specific cases: If the disclosure was made more than one year before the effective filing date of the claimed invention. When the disclosure applied in a rejection is a U.S. patent or U.S. patent application publication that claims an…
Read MoreHow 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 MoreHow 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 MoreWhat are the timing limitations for using a 37 CFR 1.130(b) declaration?
There are important timing limitations to consider when using a declaration under 37 CFR 1.130(b). According to MPEP 717.01(b): ‘The provisions of 37 CFR 1.130(b) are not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention.’ This means: The declaration can…
Read MoreHow 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 MoreWhat are the requirements for a valid 37 CFR 1.130(b) declaration?
What are the requirements for a valid 37 CFR 1.130(b) declaration? A valid 37 CFR 1.130(b) declaration must meet several requirements to effectively establish prior public disclosure. According to MPEP 717.01(b), the declaration should: Be made by the inventor, a joint inventor, or another who obtained the subject matter from them Establish that the subject…
Read MoreWhat information must be included in a declaration under 37 CFR 1.130(b)?
A declaration under 37 CFR 1.130(b) must include specific information to be considered effective. The key elements are: Identification of the subject matter publicly disclosed The date of the public disclosure If the disclosure was in a printed publication, a copy must be provided If not in a printed publication, a detailed description of the…
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