How does the USPTO evaluate declarations or affidavits under 37 CFR 1.130(a)?
The USPTO evaluates declarations or affidavits under 37 CFR 1.130(a) based on several factors. According to MPEP 717.01(a)(1): “In evaluating whether a declaration under 37 CFR 1.130(a) is effective, Office personnel will consider the following criteria:” Whether the disclosure was made one year or less before the effective filing date of the claimed invention; Whether…
Read MoreHow does the USPTO evaluate declarations or affidavits under 37 CFR 1.130(a)?
The United States Patent and Trademark Office (USPTO) evaluates declarations or affidavits under 37 CFR 1.130(a) based on several factors. According to MPEP 717.01(a)(1): In evaluating whether a declaration or affidavit under 37 CFR 1.130(a) is effective to disqualify a disclosure as prior art under AIA 35 U.S.C. 102(a), Office personnel will consider the following…
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