What is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) serves to overcome a cited prior art reference by establishing that the inventor(s) completed the invention before the effective date of the reference. The MPEP states: ‘The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C.…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) serves the purpose of overcoming a prior art reference by establishing that the inventor completed the invention before the effective date of the reference. This is commonly known as ‘swearing behind’ a reference. The MPEP states: ‘The purpose of a 37 CFR 1.131(a) affidavit or declaration is…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to establish that a disclosure was made by the inventor, a joint inventor, or someone who obtained the subject matter from them. According to MPEP 2155.04, it must show either: “(1) the disclosure in question was made by the inventor or a joint inventor, or the…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
The purpose of an affidavit or declaration under 37 CFR 1.131(a) is to overcome a prior art reference by establishing that the inventor(s) completed the invention before the effective date of the reference. This is commonly known as ‘swearing behind’ a reference. According to MPEP 715: The purpose of a 37 CFR 1.131(a) affidavit or…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) is used to show that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by: (1) the inventor or a joint inventor; or (2) another who obtained the subject matter disclosed directly or indirectly from…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(b)?
A declaration under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor before the date of the disclosure being used as prior art. As stated in MPEP 717.01(b): “Where the subject matter disclosed had been…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(a) in patent applications?
What is the purpose of a declaration under 37 CFR 1.130(a) in patent applications? A declaration under 37 CFR 1.130(a) serves to attribute a disclosure to the inventor or a joint inventor, or to establish that a disclosure was obtained from the inventor or a joint inventor. This is particularly useful when dealing with prior…
Read MoreWhat is the purpose of a 37 CFR 1.131(a) affidavit or declaration?
The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C. 102 or 103. This is done by proving invention of the claimed subject matter by the inventor or at least one joint inventor prior to the effective date of the reference or activity relied…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(a)?
A declaration under 37 CFR 1.130(a) serves the purpose of attributing a disclosure to an inventor or joint inventor to overcome a rejection or objection based on prior art. According to MPEP 717.01(a): When a disclosure upon which a rejection is based is attributed to the inventor or a joint inventor, the rejection may be…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(a) in patent examination?
A declaration under 37 CFR 1.130(a) serves a specific purpose in patent examination: It is used to attribute a disclosure to an inventor or joint inventor to disqualify it as prior art. The declaration aims to establish that the disclosure was made by the inventor or a joint inventor, or obtained directly or indirectly from…
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