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 the sufficiency of a declaration under 37 CFR 1.130(b)?
The USPTO evaluates the sufficiency of a declaration under 37 CFR 1.130(b) by considering whether it establishes that the subject matter disclosed was publicly disclosed by the inventor, joint inventor, or another who obtained the subject matter from them, before the date of the disclosure being relied upon as prior art. MPEP 717.01(b)(1) states: “To…
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