What is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to patent applications and patents subject to AIA 35 U.S.C. 102 and 103. According to MPEP 717.02: ‘The date of this change in practice is the date of the enactment of the AIA, September 16,…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from other types of patent declarations?
A declaration under 37 CFR 1.130(a) serves a specific purpose that distinguishes it from other types of patent declarations. According to MPEP 717.01(a)(1): A declaration under 37 CFR 1.130(a) is not an appropriate vehicle for explaining or establishing conception, reduction to practice, or diligence. Key differences include: Purpose: 1.130(a) declarations attribute a disclosure to the…
Read MoreWhat is the difference between prior art under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2)?
The distinction between prior art under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) is crucial for understanding the application of the prior art exception under AIA 35 U.S.C. 102(b)(2)(C). According to MPEP 717.02(c): Prior art under 35 U.S.C. 102(a)(1) includes disclosures available to the public before the effective filing date of the claimed invention. Prior…
Read MoreWhat 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 MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.132 declaration?
How does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.132 declaration? A 37 CFR 1.130(a) declaration is specifically used for attribution purposes under the AIA, while a 37 CFR 1.132 declaration has broader applications. The MPEP states: ‘The provisions of 37 CFR 1.130 are not available if the rejection is based upon…
Read MoreHow does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?
How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131? The primary difference between affidavits or declarations under 37 CFR 1.130 and 37 CFR 1.131 lies in their applicability and purpose. According to MPEP 717.01: “37 CFR 1.130 affidavits or declarations are not applicable to applications subject to…
Read MoreHow does a 37 CFR 1.130 affidavit or declaration differ from a 37 CFR 1.131 affidavit?
The key difference between a 37 CFR 1.130 affidavit or declaration and a 37 CFR 1.131 affidavit lies in their purpose and application. As explained in MPEP 717.01: 37 CFR 1.130 is not the proper way to assert that the relevant disclosure is not prior art under pre-AIA 35 U.S.C. 102(a) because the disclosure was…
Read MoreHow does common ownership affect the AIA 35 U.S.C. 102(b)(2)(C) exception?
Common ownership plays a crucial role in the AIA 35 U.S.C. 102(b)(2)(C) exception. The MPEP 717.02(b) states: If the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person, the…
Read MoreWhat happens if an applicant submits a statement to invoke the AIA 35 U.S.C. 102(b)(2)(C) exception?
When an applicant submits a statement to invoke the AIA 35 U.S.C. 102(b)(2)(C) exception, the examiner must carefully consider the statement and its implications. The MPEP provides specific guidance: ‘If the applicant disqualifies the subject matter relied upon by the examiner in accordance with AIA 35 U.S.C. 102(b)(2)(C) and the procedures in MPEP § 717.02(b),…
Read MoreHow does the America Invents Act (AIA) affect affidavits and declarations under 37 CFR 1.131(a)?
The America Invents Act (AIA) has significantly impacted the applicability of affidavits and declarations under 37 CFR 1.131(a): For applications subject to the first inventor to file provisions of the AIA, 37 CFR 1.131(a) is generally not applicable. These affidavits or declarations can still be used to overcome rejections under pre-AIA 35 U.S.C. 102(g). For…
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