How does the Plant Patent Application Declaration differ for applications filed before and after September 16, 2012?

The requirements for plant patent application declarations differ slightly depending on whether the application was filed before or after September 16, 2012. MPEP 1604 outlines these differences: For applications filed on or after September 16, 2012: The declaration must comply with 37 CFR 1.63 or 37 CFR 1.64. For applications filed before September 16, 2012:…

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What are the formal requirements for a declaration under 37 CFR 1.130(a)?

Declarations under 37 CFR 1.130(a) must meet specific formal requirements to be considered valid. According to MPEP 717.01(a)(1), these requirements include: Proper signature: The declaration must be signed by the inventor or joint inventor. Timely filing: It should be filed before the mailing of a final rejection or action that otherwise closes prosecution. Identification of…

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What information must be included in the declaration when an application is executed by someone other than the inventor under pre-AIA 37 CFR 1.47(b)?

When an application is executed by someone other than the inventor under pre-AIA 37 CFR 1.47(b), the declaration must include specific information about the non-signing inventor. According to the MPEP, the declaration must state: The full name of the non-signing inventor The residence of the non-signing inventor The post office address of the non-signing inventor…

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