What are the special considerations for actions based on affidavit or declaration evidence in patent examination?
Actions based on affidavit or declaration evidence are among the exceptions to partial signatory authority in patent examination, as specified in MPEP 1005. These actions require the signature of a primary examiner, Technology Center Director, or practice specialist, even if the examiner has partial signatory authority. MPEP 1005 specifically mentions several types of actions based…
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 1.130(b) declaration for prior public disclosure?
A declaration under 37 CFR 1.130(b) requires specific evidence to establish a prior public disclosure. As outlined in MPEP 717.01(b), the declaration should include: The subject matter that was publicly disclosed; The date of the public disclosure; and The manner of the public disclosure. The MPEP states: “The evidence necessary to show prior public disclosure…
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