Can a 37 CFR 1.131(a) affidavit or declaration be used against all types of prior art?
No, a 37 CFR 1.131(a) affidavit or declaration cannot be used against all types of prior art. The MPEP clearly outlines the limitations: ’37 CFR 1.131(a) affidavits or declarations can be overcome by references that fall under 35 U.S.C. 102(b) or 102(d).’ This means that an affidavit or declaration under 37 CFR 1.131(a) cannot be…
Read MoreCan a joint inventor make an affidavit or declaration under 37 CFR 1.131(a) alone?
Yes, a joint inventor can make an affidavit or declaration under 37 CFR 1.131(a) alone, but there are specific requirements and considerations. According to MPEP 715.04: ‘When one or more joint inventors of a joint application is available, that available inventor may make the affidavit or declaration under 37 CFR 1.131(a)…. However, even if only…
Read MoreHow does an inventor’s oath or declaration affect prior art rejections under 35 U.S.C. 102(e)?
An inventor’s oath or declaration can have a significant impact on prior art rejections under 35 U.S.C. 102(e). The MPEP states: ‘If the rejection is based on a U.S. patent or U.S. patent application publication of a different inventive entity which claims the same invention or an obvious variant, and there is at least one…
Read MoreWhat happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act?
What happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act? If an inventor’s act occurs in a country that later joins NAFTA or WTO, the act can still be relied upon for an affidavit or declaration under 37 CFR 1.131. According to MPEP 715.07(c): “An affidavit or…
Read MoreWhat is the significance of the invention date in MPEP 715.01(d)?
The invention date plays a crucial role in overcoming certain rejections under MPEP 715.01(d). According to the section: “a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing date of the application may be overcome by an affidavit or…
Read MoreWhat are the formal requirements for affidavits and declarations in patent applications?
The MPEP outlines several formal requirements for affidavits and declarations in patent applications: An affidavit must be a statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. A declaration can be used instead of an affidavit, as permitted by 37 CFR 1.68. Declarations must include an acknowledgment…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.131(a)?
The formal requirements for affidavits or declarations under 37 CFR 1.131(a) are outlined in MPEP 715.04. These include: The affidavit or declaration must be properly signed. Statements in the affidavit or declaration must be in the first person. The affiant or declarant must state their relationship to the invention or application. The affidavit or declaration…
Read MoreWhat are the formal requirements for affidavits and declarations under 37 CFR 1.131(a)?
Affidavits and declarations under 37 CFR 1.131(a) must meet specific formal requirements: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer. A declaration, permitted under 37 CFR 1.68, can be used instead of an affidavit. Declarations must include an acknowledgment that willful false statements are punishable…
Read MoreWhat are the formal requirements for affidavits and declarations under 37 CFR 1.130?
MPEP 717.01(c) outlines the formal requirements for affidavits and declarations under 37 CFR 1.130: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer A declaration must include an acknowledgment that willful false statements are punishable by fine or imprisonment, or both (18 U.S.C. 1001) The declarant…
Read MoreWhat types of evidence are acceptable for an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) can include various types of evidence to support the inventor’s prior conception and reduction to practice. According to MPEP 715.07: The evidence may consist of testimony of the inventor in the form of an affidavit or declaration under 37 CFR 1.131(a), documentary evidence, drawings, and models. Acceptable…
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