Can affidavits be used in inter partes reexamination?
Yes, affidavits can be used in inter partes reexamination proceedings. The MPEP states: “Affidavits under 37 CFR 1.131(a) and 1.132 may be utilized in a reexamination proceeding.” However, there are limitations on the use of certain types of affidavits: “Note, however, that an affidavit under 37 CFR 1.131(a) may not be used to ‘swear behind’…
Read MoreWhat is the relationship between 37 CFR 1.131 and interference proceedings?
37 CFR 1.131 and interference proceedings are mutually exclusive procedures. As stated in the MPEP: “Interference practice operates to the exclusion of ex parte practice under 37 CFR 1.131 which permits an inventor to show an actual date of invention prior to the effective date of a reference or activity applied under pre-AIA 35 U.S.C.…
Read MoreHow should examiners handle references with recent publication dates?
Examiners should carefully consider how to handle references with recent publication dates during the patent examination process. The MPEP 904.03 provides guidance on this matter: Sometimes the best reference will have a publication date less than a year prior to the application filing date, hence it will be open to being overcome under 37 CFR…
Read MoreWhat are the special considerations for actions based on affidavit or declaration evidence in patent examination?
Actions based on affidavit or declaration evidence are among the exceptions to partial signatory authority in patent examination, as specified in MPEP 1005. These actions require the signature of a primary examiner, Technology Center Director, or practice specialist, even if the examiner has partial signatory authority. MPEP 1005 specifically mentions several types of actions based…
Read More