When is a 37 CFR 1.131(a) affidavit appropriate in a patent application?
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. A 37 CFR 1.131(a) affidavit is appropriate when an applicant…
Read MoreWhen does diligence become a factor in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. Diligence becomes a factor in patent examination when an inventor is attempting to establish…
Read MoreWhen is an affidavit or declaration under 37 CFR 1.131(a) not appropriate?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. An affidavit or declaration under 37 CFR 1.131(a) is not appropriate in several situations,…
Read MoreWhat is ‘swearing behind’ a reference?
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. ‘Swearing behind’ a reference refers to the process of filing…
Read MoreWhat should I do if an inventor is unavailable to sign an affidavit or declaration 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. If an inventor is unavailable to sign an affidavit or…
Read MoreCan I submit an affidavit or declaration after an appeal has been filed?
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, you can submit an affidavit or declaration after an…
Read MoreWhat is the difference between species and embodiments in patent 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. In patent rejections, species typically refer to members of a…
Read MoreWhat are the requirements for filing an affidavit or declaration 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. An affidavit or declaration under 37 CFR 1.131(a) may be…
Read MoreWhat must be shown in a 37 CFR 1.131(a) affidavit to overcome a prior art reference?
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. To successfully overcome a prior art reference using a 37…
Read MoreWhat is the purpose of an affidavit or declaration 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. An affidavit or declaration under 37 CFR 1.131(a) serves the…
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