What 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 a declaration under 37 CFR 1.130(a) in patent examination?
A declaration under 37 CFR 1.130(a) serves a specific purpose in patent examination: It is used to attribute a disclosure to an inventor or joint inventor to disqualify it as prior art. The declaration aims to establish that the disclosure was made by the inventor or a joint inventor, or obtained directly or indirectly from…
Read MoreHow does a prior public disclosure affect the grace period under AIA?
Under the America Invents Act (AIA), a prior public disclosure by the inventor or joint inventor can affect the grace period, providing protection against certain disclosures being used as prior art. According to MPEP 717.01(b): “The grace period provision of AIA 35 U.S.C. 102(b)(1)(B) applies if the ‘subject matter disclosed [in the intervening disclosure] had,…
Read MoreWhat is the prior art exception under AIA 35 U.S.C. 102(b)(2)(C)?
The prior art exception under AIA 35 U.S.C. 102(b)(2)(C) allows certain disclosures to be excluded as prior art if they meet specific criteria. According to MPEP 717.02(c), this exception applies when: The subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same…
Read MoreHow do the filing date requirements differ for applications filed before December 18, 2013?
The filing date requirements for applications filed before December 18, 2013, were more stringent compared to those filed after this date due to the implementation of the Patent Law Treaties Implementation Act (PLTIA). The MPEP states: For applications filed under pre-PLT (AIA) 35 U.S.C. 111 prior to December 18, 2013, a filing date is assigned…
Read MoreWhat MPEP sections cover rejections under AIA 35 U.S.C. 102?
For patent applications subject to the America Invents Act (AIA), information on rejections under AIA 35 U.S.C. 102 can be found in MPEP §§ 2151 – 2156. These sections provide detailed guidance on how to apply the AIA version of 35 U.S.C. 102 in patent examination. The AIA version of 35 U.S.C. 102 applies to…
Read MoreIs MPEP 715.07(b) applicable to applications subject to the AIA first inventor to file provisions?
No, MPEP 715.07(b) is generally not applicable to applications subject to the America Invents Act (AIA) first inventor to file provisions. The MPEP section explicitly states: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA…
Read MoreHow does MPEP 715.05 apply to applications subject to the AIA?
MPEP 715.05 has limited applicability to applications subject to the America Invents Act (AIA). The section specifically states: “[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g).” For applications subject…
Read MoreIs MPEP 715.01(d) applicable to AIA (America Invents Act) applications?
No, MPEP 715.01(d) is generally not applicable to applications subject to the first inventor to file provisions of the AIA (America Invents Act). The section explicitly states: “[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a…
Read MoreWhat is the applicability of MPEP 715.01(b) to AIA applications?
MPEP 715.01(b) has limited applicability to applications subject to the America Invents Act (AIA). The section begins with an important editor’s note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). This…
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