What is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor, before the date of…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) serves to overcome a cited prior art reference by establishing that the inventor(s) completed the invention before the effective date of the reference. The MPEP states: ‘The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C.…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) serves the purpose of overcoming a prior art reference by establishing that the inventor completed the invention before the effective date of the reference. This is commonly known as ‘swearing behind’ a reference. The MPEP states: ‘The purpose of a 37 CFR 1.131(a) affidavit or declaration is…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to establish that a disclosure was made by the inventor, a joint inventor, or someone who obtained the subject matter from them. According to MPEP 2155.04, it must show either: “(1) the disclosure in question was made by the inventor or a joint inventor, or the…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
The purpose of an affidavit or declaration under 37 CFR 1.131(a) is to overcome a prior art reference by establishing that the inventor(s) completed the invention before the effective date of the reference. This is commonly known as ‘swearing behind’ a reference. According to MPEP 715: The purpose of a 37 CFR 1.131(a) affidavit or…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) is used to show that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by: (1) the inventor or a joint inventor; or (2) another who obtained the subject matter disclosed directly or indirectly from…
Read MoreWhat is the purpose of a 37 CFR 1.131(a) affidavit or declaration?
The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C. 102 or 103. This is done by proving invention of the claimed subject matter by the inventor or at least one joint inventor prior to the effective date of the reference or activity relied…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor, before the date of…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01(a)(1): “The provision of…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. According to MPEP 717.01(a)(1): The purpose of a…
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