How 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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How does the USPTO evaluate declarations or affidavits under 37 CFR 1.130(a)?

The United States Patent and Trademark Office (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 or affidavit under 37 CFR 1.130(a) is effective to disqualify a disclosure as prior art under AIA 35 U.S.C. 102(a), Office personnel will consider the following…

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How can an examiner’s decision on affidavit sufficiency be reviewed?

The review process for an examiner’s decision on affidavit sufficiency under 37 CFR 1.131(a) involves two different paths, depending on the nature of the review: Formal sufficiency and propriety: MPEP 715.08 states: Review of an examiner’s decision with regard to questions of formal sufficiency and propriety of an affidavit or declaration under 37 CFR 1.131(a)…

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