Can an inventor file a declaration under 37 CFR 1.130 if they are not the applicant?
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. Yes, an inventor can sign a declaration under 37 CFR 1.130 even if they…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?
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 or declarations under 37 CFR 1.130, 1.131, or 1.132…
Read MoreWhat are the formal requirements for affidavits and declarations under 37 CFR 1.130?
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 717.01(c) outlines the formal requirements for affidavits and declarations…
Read MoreWhat is the difference between reviewing sufficiency and reviewing merits of an 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. The review process for affidavits or declarations under 37 CFR…
Read MoreWhat is the difference between a derivation proceeding and using 37 CFR 1.130 provisions?
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 MPEP 717.01(d) outlines the key differences between a derivation…
Read MoreHow does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?
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 primary difference between affidavits or declarations under 37 CFR…
Read MoreHow does a 37 CFR 1.130 affidavit or declaration differ from a 37 CFR 1.131 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. The key difference between a 37 CFR 1.130 affidavit or…
Read MoreCan an applicant’s own activities be used against their patent claims?
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, an applicant’s own activities can be used against their…
Read MoreHow can one appeal the merits of a 37 CFR 1.130 affidavit or declaration?
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 you wish to appeal the merits of a 37…
Read MoreHow does the America Invents Act (AIA) affect 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. The America Invents Act (AIA) has significantly impacted the applicability…
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