What happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act?
What happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act? If an inventor’s act occurs in a country that later joins NAFTA or WTO, the act can still be relied upon for an affidavit or declaration under 37 CFR 1.131. According to MPEP 715.07(c): “An affidavit or…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?
Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c): They must be properly signed (37 CFR 1.4). They must include the proper jurat or declaration statement (37 CFR 1.68). They should be free of erasures or interlineations made without initials or written assent of…
Read MoreHow does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?
How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131? The primary difference between affidavits or declarations under 37 CFR 1.130 and 37 CFR 1.131 lies in their applicability and purpose. According to MPEP 717.01: “37 CFR 1.130 affidavits or declarations are not applicable to applications subject to…
Read MoreHow does a 37 CFR 1.130 affidavit or declaration differ from a 37 CFR 1.131 affidavit?
The key difference between a 37 CFR 1.130 affidavit or declaration and a 37 CFR 1.131 affidavit lies in their purpose and application. As explained in MPEP 717.01: 37 CFR 1.130 is not the proper way to assert that the relevant disclosure is not prior art under pre-AIA 35 U.S.C. 102(a) because the disclosure was…
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 MoreWhat is the purpose of MPEP 715.01(a)?
MPEP 715.01(a) provides guidance on how to handle situations where a reference (patent or published application) names a different inventive entity with at least one common inventor compared to the application under examination. It specifically addresses how to overcome rejections based on such references using affidavits or declarations. The section states: When subject matter disclosed…
Read MoreHow does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts?
How does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts? The America Invents Act (AIA) has significantly impacted the use of 37 CFR 1.131 affidavits, including those relying on acts in NAFTA/WTO countries. The MPEP 715.07(c) notes: “The provisions of 35 U.S.C. 104, as in effect on March 15, 2013,…
Read MoreCan acts performed in non-NAFTA/WTO countries be used in a 37 CFR 1.131 affidavit?
Can acts performed in non-NAFTA/WTO countries be used in a 37 CFR 1.131 affidavit? No, acts performed in non-NAFTA/WTO countries cannot be used in a 37 CFR 1.131 affidavit. The MPEP 715.07(c) clearly states: “The provisions of 35 U.S.C. 104 and 37 CFR 1.131(a) specifically refer to acts which occurred in a NAFTA or WTO…
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