Does an affidavit under 37 CFR 1.130 need to demonstrate enablement?
No, an affidavit or declaration under 37 CFR 1.130 does not need to demonstrate enablement. The MPEP 2155.04 clearly states: “An affidavit or declaration under 37 CFR 1.130(a) or (b) need not demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a national stage application?
Yes, the filing of an inventor’s oath or declaration can be postponed in certain circumstances. For national stage applications with an international filing date on or after September 16, 2012: The filing may be postponed until the application is otherwise in condition for allowance if: The applicant submits an application data sheet in accordance with…
Read MoreWhat are the requirements for the oath or declaration in a broadening reissue application?
The requirements for the oath or declaration in a broadening reissue application depend on when the application was filed: For applications filed on or after September 16, 2012: The original reissue oath or declaration must be signed by all inventors, unless the original patent application was filed under 37 CFR 1.46 by the assignee of…
Read MoreWhat happens if the required inventor’s oath or declaration is not filed in a national stage application?
If the required inventor’s oath or declaration is not filed in a national stage application, the following process typically occurs: If the basic national fee and copy of the international application have been received by the expiration of 30 months from the priority date, but the required oath or declaration is missing, the USPTO will…
Read MoreWhat are the requirements for the inventor’s oath or declaration in a U.S. national stage application?
The requirements for the inventor’s oath or declaration in a U.S. national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: As per 37 CFR 1.497: The oath or declaration must comply with the requirements of 37 CFR 1.63 It can be postponed…
Read MoreWhat are the requirements for an inventor’s oath or declaration in a national stage application?
The requirements for an inventor’s oath or declaration in a national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: The inventor’s oath or declaration must comply with 37 CFR 1.497. For applications with an international filing date before September 16, 2012: The…
Read MoreHow does the process of claiming foreign priority differ for reissue applications filed before and after September 16, 2012?
The process of claiming foreign priority in reissue applications differs based on whether the application was filed before or after September 16, 2012. Here’s a breakdown of the differences: For reissue applications filed on or after September 16, 2012: MPEP 1417 states: “For reissue applications filed on or after September 16, 2012, the foreign priority…
Read MoreWhat are the requirements for a design reissue oath or declaration?
The requirements for a design reissue oath or declaration are specific and must be carefully followed. According to MPEP 1457: “The oath or declaration required by 37 CFR 1.175 must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing.” Additionally,…
Read MoreHow do I claim priority to a foreign application in a reissue patent application?
To claim priority to a foreign application in a reissue patent application, you must: Make a claim for priority to the earlier filing date in the foreign country, even if such a claim was made in the original patent application. For reissue applications filed on or after September 16, 2012, present the foreign priority information…
Read MoreCan a 37 CFR 1.131(a) affidavit or declaration be used against all types of prior art?
No, a 37 CFR 1.131(a) affidavit or declaration cannot be used against all types of prior art. The MPEP clearly outlines the limitations: ’37 CFR 1.131(a) affidavits or declarations can be overcome by references that fall under 35 U.S.C. 102(b) or 102(d).’ This means that an affidavit or declaration under 37 CFR 1.131(a) cannot be…
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