Who can submit an affidavit or declaration under 37 CFR 1.131(c)?
According to the MPEP, an affidavit or declaration under 37 CFR 1.131(c) can be submitted by: The inventor(s) The attorney or agent of record Assignee(s) of the entire interest The MPEP states: The affidavit or declaration may be signed by the inventor(s), the attorney or agent of record, or assignee(s) of the entire interest. It’s…
Read MoreWho 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…
Read MoreWho can make an affidavit or declaration under 37 CFR 1.130?
According to MPEP 717.01(c): Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. While anyone with knowledge of the facts can sign…
Read MoreWho can file an affidavit or declaration under 37 CFR 1.131(a)?
Several parties can file an affidavit or declaration under 37 CFR 1.131(a), including: All the inventors of the claimed subject matter Less than all named inventors, if it’s shown that they invented the claimed subject matter In applications filed before September 16, 2012: joint inventors or assignees under pre-AIA 37 CFR 1.47, or legal representatives…
Read MoreWhen should an affidavit or declaration under 37 CFR 1.130 be filed?
According to MPEP 717.01(f), affidavits or declarations under 37 CFR 1.130 must be timely presented to be admitted. They are considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection but before or on the same date of filing an appeal, with a…
Read MoreWhen is an affidavit or declaration under 37 CFR 1.131(a) not appropriate?
An affidavit or declaration under 37 CFR 1.131(a) is not appropriate in several situations, including: When the reference is claiming interfering subject matter as defined in 37 CFR 41.203(a) When the reference is a statutory bar under pre-AIA 35 U.S.C. 102(b) The MPEP states: An affidavit or declaration under 37 CFR 1.131(a) is not appropriate…
Read MoreWhat 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.…
Read MoreWhat 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…
Read MoreHow 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…
Read MoreHow 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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