Who can file an affidavit or declaration under 37 CFR 1.130?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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. According to MPEP 2155.05, “the applicant or patent owner may…
Read MoreHow can an applicant show that a disclosure was made by the inventor or a joint inventor?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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 applicant can show that a disclosure was made by…
Read MoreHow can an applicant establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a)(2)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 applicant can establish that a disclosure is not prior…
Read MoreCan a 37 CFR 1.131(a) affidavit or declaration be used against all types of prior art?
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. No, a 37 CFR 1.131(a) affidavit or declaration cannot be…
Read MoreCan a joint inventor make an affidavit or declaration under 37 CFR 1.131(a) alone?
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, a joint inventor can make an affidavit or declaration…
Read MoreWhat happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act?
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. What happens if an inventor’s act occurs in a country…
Read MoreHow does an inventor’s oath or declaration affect prior art rejections under 35 U.S.C. 102(e)?
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 inventor’s oath or declaration can have a significant impact…
Read MoreWhat is the significance of the invention date in MPEP 715.01(d)?
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 invention date plays a crucial role in overcoming certain…
Read MoreWhat are the formal requirements for affidavits and declarations in patent applications?
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. The MPEP outlines several formal requirements for affidavits and declarations in patent applications: An…
Read MoreWhat are the formal requirements for affidavits or 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 formal requirements for affidavits or declarations under 37 CFR…
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