How does the USPTO handle prior art rejections when the reference names a different inventive entity with at least one common inventor?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When the USPTO handles prior art rejections where the reference…
Read MoreHow does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO evaluates the sufficiency of evidence in a 37…
Read MoreHow does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO evaluates the sufficiency of evidence in a 37…
Read MoreCan a 37 CFR 1.130(a) declaration be used to overcome a 35 U.S.C. 102(a)(2) rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a declaration under 37 CFR 1.130(a) can be used…
Read MoreCan a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a 37 CFR 1.130(a) declaration cannot be used for…
Read MoreWhat are the requirements for disqualifying a patent or patent application publication under 37 CFR 1.131(c)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 1 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To disqualify a U.S. patent or U.S. patent application publication as…
Read MoreWhat are the requirements for filing an affidavit or declaration under 37 CFR 1.131(a)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An affidavit or declaration under 37 CFR 1.131(a) may be…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A declaration or affidavit under 37 CFR 1.130(a) is used…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A declaration or affidavit under 37 CFR 1.130(b) serves to…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A declaration or affidavit under 37 CFR 1.130(a) serves to…
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