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What is the relationship between 37 CFR 1.131 and interference proceedings?

By russ.krajec@blueironip.com | September 29, 2024

37 CFR 1.131 and interference proceedings are mutually exclusive procedures. As stated in the MPEP: “Interference practice operates to the exclusion of ex parte practice under 37 CFR 1.131 which permits an inventor to show an actual date of invention prior to the effective date of a reference or activity applied under pre-AIA 35 U.S.C.…

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Can interference testimony be used to antedate a reference?

By russ.krajec@blueironip.com | September 10, 2024

Yes, interference testimony can sometimes be used to antedate a reference in place of a 37 CFR 1.131(a) affidavit or declaration. As stated in MPEP 715.07(b): In place of an affidavit or declaration the testimony in an interference may be sometimes used to antedate a reference in lieu of a 37 CFR 1.131(a) affidavit or…

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What should be highlighted when using interference testimony to antedate a reference?

By russ.krajec@blueironip.com | September 10, 2024

When using interference testimony to antedate a reference, it’s crucial to identify and emphasize the specific portions of the testimony that establish priority over the reference. As stated in MPEP 715.07(b): The part of the testimony to form the basis of priority over the reference should be pointed out. This means that the applicant or…

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What is the general rule for antedating references for generic claims?

By russ.krajec@blueironip.com | September 10, 2024

The general rule for antedating references for generic claims is that showing completion of a single species within the genus is usually sufficient. According to MPEP 715.02: A reference or activity applied against generic claims may (in most cases) be antedated as to such claims by an affidavit or declaration under 37 CFR 1.131(a) showing…

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