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…

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What 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…

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How 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.…

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What 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…

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What 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…

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