How can an applicant show that a disclosure was made by the inventor or a joint inventor?
An applicant can show that a disclosure was made by the inventor or a joint inventor by submitting an affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution. The MPEP states: “An applicant may show that a disclosure was made by the inventor or a joint inventor by…
Read MoreWhat is an affidavit or declaration under 37 CFR 1.130 and how can it overcome a 35 U.S.C. 102 rejection?
An affidavit or declaration under 37 CFR 1.130 is a sworn statement that can be used to overcome a 35 U.S.C. 102 rejection by establishing that a disclosure is not prior art. There are two types: Affidavit or declaration of attribution (37 CFR 1.130(a)) Affidavit or declaration of prior public disclosure (37 CFR 1.130(b)) MPEP…
Read MoreHow does 37 CFR 1.130 help overcome prior art rejections?
37 CFR 1.130 provides a mechanism for applicants to overcome prior art rejections by establishing that certain disclosures should not be considered prior art under the America Invents Act (AIA). It helps in two primary ways: Attribution (37 CFR 1.130(a)): By showing that the disclosure was made by the inventor or joint inventor, or that…
Read MoreWhat evidence is required in a 37 CFR 1.130(a) declaration for attribution?
A 37 CFR 1.130(a) declaration for attribution requires specific evidence to effectively overcome a prior art rejection. According to MPEP 717.01(a): The evidence necessary to show that the disclosure is by the inventor or a joint inventor must be submitted, including an explanation of how the inventor or joint inventor is connected to the disclosure.…
Read MoreWhat evidence is required in a 37 CFR 1.130(a) declaration for attribution?
What evidence is required in a 37 CFR 1.130(a) declaration for attribution? A 37 CFR 1.130(a) declaration for attribution must provide sufficient evidence to show that the disclosure originated from the inventor or a joint inventor. The MPEP states: ‘Some factors to consider are the following: (1) Where the disclosure was made. (2) The delay…
Read MoreHow does a declaration under 37 CFR 1.130(a) differ from one under 37 CFR 1.132?
How does a declaration under 37 CFR 1.130(a) differ from one under 37 CFR 1.132? A declaration under 37 CFR 1.130(a) is specifically used for attribution purposes to disqualify a disclosure as prior art, while a declaration under 37 CFR 1.132 is more general and can be used for various purposes, including showing unexpected results…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?
The key difference between a 37 CFR 1.130(a) declaration and a 37 CFR 1.130(b) declaration lies in their purpose and the type of disclosure they address: 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor. 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor…
Read MoreHow does a declaration under 37 CFR 1.130(b) differ from one under 37 CFR 1.130(a)?
Declarations under 37 CFR 1.130(b) and 37 CFR 1.130(a) serve different purposes in patent applications: 37 CFR 1.130(b): Used to establish prior public disclosure by the inventor or someone who obtained the subject matter from the inventor. 37 CFR 1.130(a): Used to establish that a disclosure was made by the inventor or obtained from the…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?
Declarations under 37 CFR 1.130(a) and (b) serve different purposes in patent examination: 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor. 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor or joint inventor. As stated in MPEP 717.01(a): ‘The provisions of 37 CFR…
Read MoreHow does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?
The USPTO evaluates the sufficiency of evidence in a 37 CFR 1.130(a) declaration based on a preponderance of the evidence standard. The evidence must show that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them. According to MPEP 717.01(a)(1): The evidence necessary to show that the disclosure…
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