What types of evidence can be used to overcome a rejection under MPEP 715.01(d)?
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. According to MPEP 715.01(d), various types of evidence can be…
Read MoreWhat factors are considered when evaluating a declaration under 37 CFR 1.130(b)?
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. When evaluating a declaration under 37 CFR 1.130(b), the USPTO considers several factors: Whether…
Read MoreDoes a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?
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, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure…
Read MoreWhat is the difference between reviewing sufficiency and reviewing merits of an affidavit?
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. The review process for affidavits or declarations under 37 CFR…
Read MoreWhat is the difference between 37 CFR 1.131(a) and 37 CFR 1.132 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. The main difference between 37 CFR 1.131(a) and 37 CFR…
Read MoreWhat is the difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits?
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. The main difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits lies…
Read MoreHow can an applicant demonstrate unexpected results in a 37 CFR 1.132 affidavit?
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. Demonstrating unexpected results in a 37 CFR 1.132 affidavit can…
Read MoreHow can the presumption of operability be challenged in a patent?
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. The presumption of operability in a patent can be challenged…
Read MoreHow can one appeal the merits of a 37 CFR 1.130 affidavit or declaration?
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. If you wish to appeal the merits of a 37…
Read MoreWhen is a 37 CFR 1.131(a) affidavit appropriate in a patent application?
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. A 37 CFR 1.131(a) affidavit is appropriate when an applicant…
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