Can affidavits or other evidence be submitted after filing an appeal brief?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, affidavits or other evidence can be submitted after filing…
Read MoreWhen can affidavits or declarations be considered after a notice of appeal is filed?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Affidavits or declarations filed with a notice of appeal, but…
Read MoreWhat happens to affidavits filed after final rejection but before a notice of appeal?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Affidavits or declarations filed after a final rejection but before…
Read MoreIs there a requirement for the mode of disclosure to be the same in a 37 CFR 1.130(b) declaration?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, there is no requirement for the mode of disclosure to be the same…
Read MoreCan an affidavit under 37 CFR 1.131(a) be used to overcome all types of rejections?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, an affidavit under 37 CFR 1.131(a) cannot be used…
Read MoreWhat are the limitations of 37 CFR 1.131(a) affidavits in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. While 37 CFR 1.131(a) affidavits are useful for antedating certain…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132…
Read MoreHow does the USPTO handle exhibits submitted with 37 CFR 1.131(a) affidavits?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. MPEP 715.07(d) provides guidance on the disposition of exhibits submitted…
Read MoreAre exhibits always required with a 37 CFR 1.130(b) declaration?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Exhibits are not always required with a 37 CFR 1.130(b) declaration, but they may…
Read MoreHow does an examiner evaluate the sufficiency of facts in affidavits or declarations?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When evaluating the sufficiency of facts in affidavits or declarations,…
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