What is the difference between a 37 CFR 1.131(a) affidavit and a 37 CFR 1.132 affidavit?
The main difference between a 37 CFR 1.131(a) affidavit and a 37 CFR 1.132 affidavit lies in their purpose and what they aim to prove: A 37 CFR 1.131(a) affidavit is used to prove invention prior to the effective date of a reference or activity. A 37 CFR 1.132 affidavit is used to prove that…
Read MoreWhat’s the difference between an affidavit and a declaration?
While both affidavits and declarations serve similar purposes in patent prosecution, there are key differences: Affidavit: A statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. Declaration: As per 37 CFR 1.68, a declaration can be used instead of an affidavit. It must include an acknowledgment that…
Read MoreWhat is the difference between an affidavit and a declaration in patent applications?
In the context of patent applications, affidavits and declarations serve the same purpose but differ in their formalities. According to MPEP 717.01(c): Affidavit: A written statement made under oath before a notary public or other authorized officer. Declaration: A statement in writing made under penalty of perjury, as permitted by 28 U.S.C. 1746. The MPEP…
Read MoreWhat is the difference between an affidavit under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications?
The key differences between affidavits under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications are: 37 CFR 1.131(a) affidavit: Used to antedate (show prior invention) a reference by proving invention before the effective date of the reference. 37 CFR 1.132 affidavit: Used to show that the relevant portions of the reference originated with…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.132 declaration?
How does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.132 declaration? A 37 CFR 1.130(a) declaration is specifically used for attribution purposes under the AIA, while a 37 CFR 1.132 declaration has broader applications. The MPEP states: ‘The provisions of 37 CFR 1.130 are not available if the rejection is based upon…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?
Declarations under 37 CFR 1.130(a) and (b) serve different purposes in patent examination: 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor. 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor or joint inventor. As stated in MPEP 717.01(a): ‘The provisions of 37 CFR…
Read MoreHow does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?
How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131? The primary difference between affidavits or declarations under 37 CFR 1.130 and 37 CFR 1.131 lies in their applicability and purpose. According to MPEP 717.01: “37 CFR 1.130 affidavits or declarations are not applicable to applications subject to…
Read MoreHow does a 37 CFR 1.130 affidavit or declaration differ from a 37 CFR 1.131 affidavit?
The key difference between a 37 CFR 1.130 affidavit or declaration and a 37 CFR 1.131 affidavit lies in their purpose and application. As explained in MPEP 717.01: 37 CFR 1.130 is not the proper way to assert that the relevant disclosure is not prior art under pre-AIA 35 U.S.C. 102(a) because the disclosure was…
Read MoreWhat is the requirement for comparing claimed subject matter in an affidavit or declaration under 37 CFR 1.132?
An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to effectively rebut a prima facie case of obviousness. As stated in MPEP 716.02(e): “An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective…
Read MoreWhat is the significance of common assignee in patent applications?
Common assignee in patent applications refers to when a reference patent or application publication and the current application are owned by the same entity. However, this common ownership does not automatically negate the need for certain legal procedures. As stated in MPEP 715.01(b): The mere fact that the reference patent or application publication which shows…
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