How does an examiner evaluate affidavits or declarations under 37 CFR 1.132?
The primary examiner is responsible for evaluating affidavits or declarations under 37 CFR 1.132. According to the MPEP: It is the responsibility of the primary examiner to personally review and decide whether affidavits or declarations under 37 CFR 1.132 and other evidence submitted for the purpose of traversing grounds of rejection are responsive to the…
Read MoreWhat are the key criteria for evaluating declarations under 37 CFR 1.130(b)?
When evaluating declarations under 37 CFR 1.130(b), patent examiners consider several key criteria: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit or declaration shows sufficient facts to establish prior public disclosure Whether the formal requirements of the declaration or affidavit are met Whether the affidavit or…
Read MoreHow does the USPTO evaluate declarations or affidavits under 37 CFR 1.130(a)?
The USPTO evaluates declarations or affidavits under 37 CFR 1.130(a) based on several factors. According to MPEP 717.01(a)(1): “In evaluating whether a declaration under 37 CFR 1.130(a) is effective, Office personnel will consider the following criteria:” Whether the disclosure was made one year or less before the effective filing date of the claimed invention; Whether…
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