What is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor, before the date of…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01(a)(1): “The provision of…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. According to MPEP 717.01(a)(1): The purpose of a…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by either: Establishing that the disclosure was made by the inventor or joint inventor, or the subject matter was obtained from the inventor or joint inventor (37 CFR 1.130(a)) Establishing that the subject matter disclosed had been publicly disclosed…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) serves to establish that the inventor or at least one joint inventor had possession of the subject matter of the rejected claim before the effective date of the reference or activity on which the rejection is based. The MPEP states: ‘The purpose of a 37 CFR 1.131(a)…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01: An applicant or…
Read MoreWhat evidence can be submitted to show prior invention under 37 CFR 1.131(a)?
According to MPEP 715.07, evidence to show prior invention under 37 CFR 1.131(a) can include: Attached sketches Attached blueprints Attached photographs Attached reproductions of notebook entries An accompanying model Attached supporting statements by witnesses Testimony given in an interference Documents submitted under the Disclosure Document Program (discontinued February 1, 2007) The MPEP states: Evidence in…
Read MoreHow can an applicant overcome a rejection based on prior use or knowledge under MPEP 715.01(d)?
MPEP 715.01(d) provides two main ways for an applicant to overcome a rejection based on prior use or knowledge: Affidavit or declaration under 37 CFR 1.131(a): The MPEP states: “a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing…
Read MoreWhat is the significance of the AIA grace period in 37 CFR 1.130(a) declarations?
What is the significance of the AIA grace period in 37 CFR 1.130(a) declarations? The AIA grace period is crucial for 37 CFR 1.130(a) declarations because it determines the eligibility of a disclosure to be disqualified as prior art. According to MPEP 717.01(a): “The provision of 37 CFR 1.130(a) is not available if the rejection…
Read MoreHow can an applicant establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b)?
Applicants can establish that a disclosure is not prior art under AIA 35 U.S.C. 102(b) by filing an affidavit or declaration. The MPEP provides guidance on this process: The Office has provided a mechanism in 37 CFR 1.130 for filing an affidavit or declaration to establish that a disclosure made no earlier than one year…
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