Is there a requirement for the mode of disclosure to be the same in a 37 CFR 1.130(b) declaration?
No, there is no requirement for the mode of disclosure to be the same in a 37 CFR 1.130(b) declaration. The MPEP clearly states: There is no requirement under 35 U.S.C. 102(b)(1)(B) that the mode of disclosure by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?
Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c): They must be properly signed (37 CFR 1.4). They must include the proper jurat or declaration statement (37 CFR 1.68). They should be free of erasures or interlineations made without initials or written assent of…
Read MoreHow does the USPTO handle exhibits submitted with 37 CFR 1.131(a) affidavits?
MPEP 715.07(d) provides guidance on the disposition of exhibits submitted with 37 CFR 1.131(a) affidavits or declarations: Exhibits must comply with the requirements of 37 CFR 1.91 to be entered into an application file. Exhibits that do not comply with 37 CFR 1.91 will be disposed of or returned to the applicant at the discretion…
Read MoreAre exhibits always required with a 37 CFR 1.130(b) declaration?
Exhibits are not always required with a 37 CFR 1.130(b) declaration, but they may be necessary in some situations. The MPEP explains: 37 CFR 1.130 does not contain a provision that ‘Original exhibits of drawings or records, or photocopies thereof, must accompany and form part of the affidavit or declaration or their absence must be…
Read MoreHow does an examiner evaluate the sufficiency of facts in affidavits or declarations?
When evaluating the sufficiency of facts in affidavits or declarations, examiners follow specific guidelines outlined in MPEP 716. The manual states: ‘In assessing the probative value of an expert opinion, the examiner must consider the nature of the matter sought to be established, the strength of any opposing evidence, the interest of the expert in…
Read MoreWhat types of evidence can be used to overcome a rejection under MPEP 715.01(d)?
According to MPEP 715.01(d), various types of evidence can be used to overcome a rejection. The section states: The rejection of a claim by the examiner may be based on the activities of an individual or entity other than the inventor or a joint inventor. […] These activities may have been performed by an entity…
Read MoreWhat factors are considered when evaluating a declaration under 37 CFR 1.130(b)?
When evaluating a declaration under 37 CFR 1.130(b), the USPTO considers several factors: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit shows sufficient facts to establish that the subject matter was publicly disclosed by the inventor or someone who obtained it from the inventor Whether the…
Read MoreDoes a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?
No, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure was enabling under 35 U.S.C. 112(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from…
Read MoreWhat is the difference between reviewing sufficiency and reviewing merits of an affidavit?
The review process for affidavits or declarations under 37 CFR 1.130 involves two distinct aspects: sufficiency and merits. According to MPEP 717.01(e): Sufficiency: The question of sufficiency of affidavits or declarations under 37 CFR 1.130 should be reviewed and decided by a primary examiner. Merits: Review on the merits of a 37 CFR 1.130 affidavit…
Read MoreWhat is the difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits?
The main difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits lies in their applicability to different versions of patent law: 37 CFR 1.130(a) declarations are used for applications subject to the first inventor to file provisions of the AIA (America Invents Act). 37 CFR 1.132 affidavits are used for applications subject to…
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