What are the formal requirements for a declaration under 37 CFR 1.130(a)?
A declaration under 37 CFR 1.130(a) must meet specific formal requirements to be considered valid. MPEP 717.01(a)(1) outlines these requirements: “The formal requirements for a declaration or affidavit are set forth in 37 CFR 1.68 and 37 CFR 1.130. They are the same as those for any other declaration or affidavit filed in the USPTO.”…
Read MoreAre exhibits always required with a 37 CFR 1.130(a) declaration?
Exhibits are not always required with a 37 CFR 1.130(a) declaration, but they may be necessary in some situations. The MPEP explains: 37 CFR 1.130 does not contain a provision that ‘[o]riginal exhibits of drawings or records, or photocopies thereof, must accompany and form part of the affidavit or declaration or their absence must be…
Read MoreWhat requirements must be met to claim priority based on an inventor’s certificate?
To claim priority based on an inventor’s certificate, applicants must meet specific requirements outlined in 37 CFR 1.55(l): To claim the right of priority on the basis of an application for an inventor’s certificate in such a country under 35 U.S.C. 119(d), the applicant when submitting a claim for such right as specified in this…
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