When is a declaration under 37 CFR 1.130(a) not available?
A declaration under 37 CFR 1.130(a) is not available in the following situations: If the disclosure was made more than one year before the effective filing date of the claimed invention. When the disclosure is a U.S. patent or U.S. patent application publication that claims an invention substantially the same as the applicant’s, and the…
Read MoreCan a 37 CFR 1.130(b) declaration be used for U.S. patents or patent application publications?
No, a declaration under 37 CFR 1.130(b) cannot be used for U.S. patents or U.S. patent application publications naming another inventor. MPEP 717.01(b) explicitly states: ‘A declaration or affidavit under 37 CFR 1.130(b) is not appropriate when the reference is either a U.S. patent or U.S. patent application publication of a patented or pending application…
Read More