How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?
How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131? The primary difference between affidavits or declarations under 37 CFR 1.130 and 37 CFR 1.131 lies in their applicability and purpose. According to MPEP 717.01: “37 CFR 1.130 affidavits or declarations are not applicable to applications subject to…
Read MoreHow does a 37 CFR 1.130 affidavit or declaration differ from a 37 CFR 1.131 affidavit?
The key difference between a 37 CFR 1.130 affidavit or declaration and a 37 CFR 1.131 affidavit lies in their purpose and application. As explained in MPEP 717.01: 37 CFR 1.130 is not the proper way to assert that the relevant disclosure is not prior art under pre-AIA 35 U.S.C. 102(a) because the disclosure was…
Read MoreWhat is the requirement for comparing claimed subject matter in an affidavit or declaration under 37 CFR 1.132?
An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to effectively rebut a prima facie case of obviousness. As stated in MPEP 716.02(e): “An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective…
Read MoreWhat is the significance of common assignee in patent applications?
Common assignee in patent applications refers to when a reference patent or application publication and the current application are owned by the same entity. However, this common ownership does not automatically negate the need for certain legal procedures. As stated in MPEP 715.01(b): The mere fact that the reference patent or application publication which shows…
Read MoreHow can co-authorship affect a pre-AIA 35 U.S.C. 102 rejection?
When an inventor or at least one joint inventor is a co-author of a publication cited against an application, MPEP 715.01(c) outlines two ways to overcome a rejection under pre-AIA 35 U.S.C. 102(a) or (e): Filing an affidavit or declaration under 37 CFR 1.131(a). Filing a specific affidavit or declaration under 37 CFR 1.132 establishing…
Read MoreWho can submit an affidavit or declaration under 37 CFR 1.131(c)?
According to the MPEP, an affidavit or declaration under 37 CFR 1.131(c) can be submitted by: The inventor(s) The attorney or agent of record Assignee(s) of the entire interest The MPEP states: The affidavit or declaration may be signed by the inventor(s), the attorney or agent of record, or assignee(s) of the entire interest. It’s…
Read MoreWho can sign a declaration under 37 CFR 1.130?
According to the MPEP, anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. The MPEP states: Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. However, it’s important to note that while anyone with knowledge…
Read MoreWho can make an affidavit or declaration under 37 CFR 1.130?
According to MPEP 717.01(c): Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. While anyone with knowledge of the facts can sign…
Read MoreWho can file an affidavit or declaration under 37 CFR 1.131(a)?
Several parties can file an affidavit or declaration under 37 CFR 1.131(a), including: All the inventors of the claimed subject matter Less than all named inventors, if it’s shown that they invented the claimed subject matter In applications filed before September 16, 2012: joint inventors or assignees under pre-AIA 37 CFR 1.47, or legal representatives…
Read MoreWhen should an affidavit or declaration under 37 CFR 1.130 be filed?
According to MPEP 717.01(f), affidavits or declarations under 37 CFR 1.130 must be timely presented to be admitted. They are considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection but before or on the same date of filing an appeal, with a…
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