Can an affidavit under 37 CFR 1.131(a) be used to overcome all types of rejections?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, an affidavit under 37 CFR 1.131(a) cannot be used…
Read MoreWhat are the limitations of 37 CFR 1.131(a) affidavits in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. While 37 CFR 1.131(a) affidavits are useful for antedating certain…
Read MoreCan a 37 CFR 1.131(a) affidavit be used to overcome all types of prior art references?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a 37 CFR 1.131(a) affidavit cannot be used to…
Read MoreCan a 37 CFR 1.131(a) affidavit or declaration be used against all types of prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a 37 CFR 1.131(a) affidavit or declaration cannot be…
Read MoreCan a joint inventor make an affidavit or declaration under 37 CFR 1.131(a) alone?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a joint inventor can make an affidavit or declaration…
Read MoreWhat should be included in an affidavit or declaration under 37 CFR 1.131(a) for a joint invention?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For a joint invention, an affidavit or declaration under 37…
Read MoreWhat are the geographical limitations for acts relied upon in a 37 CFR 1.131(a) affidavit?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. MPEP 715.07(c) outlines the geographical limitations for acts relied upon…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.131(a)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The formal requirements for affidavits or declarations under 37 CFR…
Read MoreWhat are the formal requirements for affidavits and declarations under 37 CFR 1.131(a)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Affidavits and declarations under 37 CFR 1.131(a) must meet specific…
Read MoreHow does the USPTO handle exhibits submitted with 37 CFR 1.131(a) affidavits?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. MPEP 715.07(d) provides guidance on the disposition of exhibits submitted…
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