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:…
Read MoreWhat are the formal requirements for a declaration under 37 CFR 1.130(a)?
A declaration under 37 CFR 1.130(a) must meet specific formal requirements to be considered valid. MPEP 717.01(a)(1) outlines these requirements: “The formal requirements for a declaration or affidavit are set forth in 37 CFR 1.68 and 37 CFR 1.130. They are the same as those for any other declaration or affidavit filed in the USPTO.”…
Read MoreWhat 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…
Read MoreIs an enabling disclosure required for a 37 CFR 1.130(a) declaration?
No, an enabling disclosure is not required for a declaration under 37 CFR 1.130(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an inventor or a joint inventor…
Read MoreWhat are the requirements for a valid 37 CFR 1.130(b) declaration?
What are the requirements for a valid 37 CFR 1.130(b) declaration? A valid 37 CFR 1.130(b) declaration must meet several requirements to effectively establish prior public disclosure. According to MPEP 717.01(b), the declaration should: Be made by the inventor, a joint inventor, or another who obtained the subject matter from them Establish that the subject…
Read MoreWhat 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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