When can an affidavit or declaration under 37 CFR 1.130(a) be used?
An affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution, can be used in two specific situations: To establish that a disclosure was made by the inventor or joint inventor. To establish that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor.…
Read MoreWhat is the difference between an inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a)?
An inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a) serve different purposes in the patent application process: Inventor’s oath or declaration (37 CFR 1.63): Required for all non-provisional patent applications Establishes the identity of the inventor(s) and their belief that they are the original inventor(s) of the claimed…
Read MoreHow does the presence of additional authors affect an inventor’s declaration of attribution?
When a prior art disclosure includes additional authors besides the inventor or joint inventor named in a patent application, it can complicate the process of attributing the disclosure to the inventor. However, the MPEP provides guidance on handling such situations: “Where the authorship of the prior art disclosure includes the inventor or a joint inventor…
Read MoreHow does a declaration of attribution under 37 CFR 1.130(a) work?
A declaration of attribution under 37 CFR 1.130(a) is used to establish that a disclosure was made by the inventor or joint inventor, or that the subject matter was obtained from them. According to MPEP 717.01(a)(1): ’37 CFR 1.130(a) provides that an affidavit or declaration of attribution may be submitted to disqualify a disclosure as…
Read MoreWhat are the requirements for a 37 CFR 1.130(a) declaration of attribution?
A 37 CFR 1.130(a) declaration of attribution must meet specific requirements to effectively disqualify a disclosure as prior art. According to MPEP 717.01(a): The applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint…
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