What types of affidavits or declarations can be filed under 37 CFR 1.130?
Under 37 CFR 1.130, two types of affidavits or declarations can be filed: Affidavit or declaration of attribution (37 CFR 1.130(a)): This is used to establish that a disclosure was made by the inventor or joint inventor, or that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor. Affidavit…
Read MoreWhat replaced public use proceedings in the patent examination process?
While the MPEP section 720 doesn’t directly address what replaced public use proceedings, it’s important to understand the context of their removal. Public use proceedings were discontinued as part of the America Invents Act (AIA) reforms to the U.S. patent system. The AIA introduced new post-grant proceedings that serve similar purposes to the former public…
Read MoreHow does the AIA affect prior art considerations in patent examination?
How does the AIA affect prior art considerations in patent examination? The America Invents Act (AIA) significantly changed prior art considerations in patent examination. According to MPEP 706.02: ‘AIA 35 U.S.C. 102(a)(1) and (a)(2) define prior art that may be used to reject claims of an application.’ Key changes introduced by the AIA include: A…
Read MoreHow does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts?
How does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts? The America Invents Act (AIA) has significantly impacted the use of 37 CFR 1.131 affidavits, including those relying on acts in NAFTA/WTO countries. The MPEP 715.07(c) notes: “The provisions of 35 U.S.C. 104, as in effect on March 15, 2013,…
Read MoreHow does the filing date affect assignee prosecution rights?
The filing date of a patent application can affect the prosecution rights of assignees. MPEP 106.01 distinguishes between applications filed before and after September 16, 2012: For applications filed before September 16, 2012: See MPEP § 324 for information on prosecution by the assignee. For applications filed on or after September 16, 2012: See MPEP…
Read MoreWhat is the statement requirement for transition applications?
The statement requirement for transition applications was introduced as part of the implementation of the first inventor to file provisions of the America Invents Act (AIA). Transition applications are: Nonprovisional applications filed on or after March 16, 2013 Applications that claim foreign priority to, or domestic benefit of, an application filed before March 16, 2013…
Read MoreHow does the AIA affect priority claims for applications filed on or after March 16, 2013?
How does the AIA affect priority claims for applications filed on or after March 16, 2013? The America Invents Act (AIA) significantly changed the U.S. patent system, particularly affecting priority claims for applications filed on or after March 16, 2013. According to MPEP 216: “AIA 35 U.S.C. 100(i)(1)(B) provides that the effective filing date for…
Read MoreHow does the oath or declaration requirement differ for continuation applications filed before and after September 16, 2012?
The oath or declaration requirements for continuation applications differ significantly depending on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventor’s oath or declaration must comply with the requirements of 35 U.S.C. 115 as revised effective September 16, 2012. It must state that…
Read MoreHow does the inventorship requirement differ for continuation applications filed before and after September 16, 2012?
The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration…
Read MoreHow does the America Invents Act (AIA) affect assignee rights in patent applications?
The America Invents Act (AIA) significantly affected assignee rights in patent applications, particularly for those filed on or after September 16, 2012. MPEP 106.01 highlights one key change: ‘…for applications filed on or after September 16, 2012, [the assignee] can prosecute the application after becoming the applicant under 37 CFR 1.46.’ This change allows assignees…
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