TwitterLinkedinSkypeRssEmail
+1.970.776.4355
BlueIron IP
  • About
  • Services
    • Patent Financing by BlueIron
    • IP Insurance by BlueIron
    • Loans Using Patents As Collateral
  • Blog
  • All FAQs
    • Patent Financing
    • Patent Loans
    • Patent Insurance
    • Patent Law FAQ
  • Contact
  • Schedule a Call

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.…

Read More

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…

Read More

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…

Read More

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…

Read More

Search

Categories

Recent Posts

  • Bad Behavior By Angel Groups -“Due Diligence”
  • Gullible Angel Investors and Provisional Patent Applications
  • The Provisional Patent Hoax
  • How accelerators and angel groups lose their way.
  • The Endless Science Project
  • Calling yourself an “Expert”
  • Patents Age Like Fine Wine

Sign Me Up

Get weekly updates

This post was tagged

Angel Investing Attorney Client Relationship best mode description claims Design Patents Entrepreneurship Foreign Patents How To Get A Patent How To Patent An Idea Intellectual Property Intellectual Property Strategies Invent invention description Invest in Startups Investment Grade Patents Investor Due Diligence IP Due Diligence long descriptions Non Disclosure Agreement Patent Attorney patent attorneys patent claims Patent Cost Patent Drafting Patent Enforcement Patent Financing Patent Insurance Patent Law Firms Patent Licensing Patent Litigation Patent Portfolio Patent Prosecution Patent Protection patent specification Patent Value problems with patents Provisional Patent provisional patent applications provisional patents provisionals Seed Capital Tech Startups Trade Secret Utility Patents Why Get A Patent
  • Blog
  • Contact Us
  • Disclaimer
  • Privacy Policy
  • Media Kit
BlueIron IP | 1635 Foxtrail Drive, Ste 321 | Loveland, Colorado 80538 | USA