Who can sign a declaration under 37 CFR 1.130?

According to the MPEP, anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. The MPEP states: Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. However, it’s important to note that while anyone with knowledge…

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What is ‘swearing behind’ a reference?

‘Swearing behind’ a reference refers to the process of filing an affidavit or declaration under 37 CFR 1.131(a) to overcome a rejection in certain patent applications. This process allows an applicant or patent owner to establish a date of completion of the invention prior to the effective date of a reference used in a rejection.…

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What is an affidavit or declaration under 37 CFR 1.132?

An affidavit or declaration under 37 CFR 1.132 is a form of evidence submitted to traverse rejections or objections in a patent application or reexamination. The MPEP states: When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a…

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How does the USPTO handle prior art rejections when the reference names a different inventive entity with at least one common inventor?

When the USPTO handles prior art rejections where the reference names a different inventive entity with at least one common inventor, the following process is typically followed: The examiner will treat the reference as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g). The applicant can overcome this rejection by filing an affidavit or…

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How does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?

The USPTO evaluates the sufficiency of evidence in a 37 CFR 1.130(a) declaration based on a preponderance of the evidence standard. The evidence must show that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them. According to MPEP 717.01(a)(1): The evidence necessary to show that the disclosure…

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