What are common reasons for an affidavit or declaration under 37 CFR 1.132 to be considered insufficient?
The MPEP outlines several reasons why an affidavit or declaration under 37 CFR 1.132 might be considered insufficient to overcome a rejection: Lack of relevance: It includes statements which amount to an affirmation that the affiant has never seen the claimed subject matter before. This is not relevant to the issue of nonobviousness of the…
Read MoreWhat is an affidavit or declaration under 37 CFR 1.132?
An affidavit or declaration under 37 CFR 1.132 is a form of evidence submitted to traverse rejections or objections in a patent application or reexamination. The MPEP states: When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a…
Read MoreHow does the USPTO weigh evidence in affidavits or declarations under 37 CFR 1.132?
The United States Patent and Trademark Office (USPTO) carefully considers evidence presented in affidavits or declarations under 37 CFR 1.132. According to MPEP 716: ‘The weight to be given any objective evidence is made on a case-by-case basis. The mere fact that an applicant has presented evidence does not mean that the evidence is dispositive…
Read MoreHow can publications be used as evidence in patent prosecutions?
Publications can serve as valuable evidence in patent prosecutions. The MPEP states: Publications may be evidence of the facts at issue and should be considered to the extent that they are probative and properly submitted. This means that applicants can use published articles, papers, or other documents to support their arguments against rejections or objections.…
Read MoreWhat is the significance of commercial success in 37 CFR 1.132 affidavits?
Commercial success can be a valuable form of evidence in 37 CFR 1.132 affidavits to support patentability. MPEP 716.03 discusses the significance of commercial success: ‘An applicant who is asserting commercial success to support its contention of nonobviousness bears the burden of proof of establishing a nexus between the claimed invention and evidence of commercial…
Read MoreWhat is the purpose of affidavits or declarations under 37 CFR 1.132?
Affidavits or declarations under 37 CFR 1.132 serve to provide evidence to traverse rejections or objections in patent applications. The MPEP 716 states: ‘The purpose of filing affidavits or declarations under 37 CFR 1.132 is to traverse the rejections or objections of record.’ These affidavits or declarations can be used to present various types of…
Read MoreHow can an inventor overcome a rejection based on a reference with a different inventive entity?
An inventor can overcome a rejection based on a reference with a different inventive entity in several ways: By filing an affidavit or declaration under 37 CFR 1.131(a) showing prior invention By filing an affidavit or declaration under 37 CFR 1.132 The MPEP states: An unequivocal declaration under 37 CFR 1.132 by S that he/she…
Read MoreHow can an inventor overcome a rejection based on their own published work?
An inventor can overcome a rejection based on their own published work by showing that the publication was made by the inventor, at least one joint inventor, or on their behalf. This can be done through an affidavit or declaration under 37 CFR 1.132. As stated in MPEP 715.01(c): Unless it is a statutory bar,…
Read MoreHow can an applicant overcome prior art rejections using a 37 CFR 1.132 affidavit?
An applicant can overcome certain prior art rejections using a 37 CFR 1.132 affidavit by proving that the subject matter relied upon in the reference or activity was the inventor’s or at least one joint inventor’s own invention. This is particularly useful in situations where the reference qualifies as prior art only under specific sections…
Read MoreNo more FAQs can be generated
All possible FAQs have been exhausted and no further meaningful questions can be generated from the given MPEP section without significant repetition or overlap with existing questions. To learn more: MPEP affidavits 37 CFR 1.131(a) 37 CFR 1.132 To learn more: Patent Examination Information Requirement Duty of Disclosure
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