What are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?

Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c): They must be properly signed (37 CFR 1.4). They must include the proper jurat or declaration statement (37 CFR 1.68). They should be free of erasures or interlineations made without initials or written assent of…

Read More

How does an examiner evaluate the sufficiency of facts in affidavits or declarations?

When evaluating the sufficiency of facts in affidavits or declarations, examiners follow specific guidelines outlined in MPEP 716. The manual states: ‘In assessing the probative value of an expert opinion, the examiner must consider the nature of the matter sought to be established, the strength of any opposing evidence, the interest of the expert in…

Read More

What factors are considered when evaluating a declaration under 37 CFR 1.130(b)?

When evaluating a declaration under 37 CFR 1.130(b), the USPTO considers several factors: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit shows sufficient facts to establish that the subject matter was publicly disclosed by the inventor or someone who obtained it from the inventor Whether the…

Read More

Does a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?

No, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure was enabling under 35 U.S.C. 112(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from…

Read More

What is the difference between reviewing sufficiency and reviewing merits of an affidavit?

The review process for affidavits or declarations under 37 CFR 1.130 involves two distinct aspects: sufficiency and merits. According to MPEP 717.01(e): Sufficiency: The question of sufficiency of affidavits or declarations under 37 CFR 1.130 should be reviewed and decided by a primary examiner. Merits: Review on the merits of a 37 CFR 1.130 affidavit…

Read More

What is the difference between 37 CFR 1.131(a) and 37 CFR 1.132 affidavits in patent applications?

The main difference between 37 CFR 1.131(a) and 37 CFR 1.132 affidavits lies in their purpose and timing: 37 CFR 1.131(a) affidavits are used to antedate a reference by showing prior invention. They are typically filed before final rejection. 37 CFR 1.132 affidavits are used for various purposes, including showing unexpected results, commercial success, or…

Read More

What is the difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits?

The main difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits lies in their applicability to different versions of patent law: 37 CFR 1.130(a) declarations are used for applications subject to the first inventor to file provisions of the AIA (America Invents Act). 37 CFR 1.132 affidavits are used for applications subject to…

Read More