How should facts be presented in affidavits or declarations for patent applications?

When presenting facts in affidavits or declarations for patent applications, it’s crucial to provide specific, factual information rather than mere conclusions. According to MPEP 717.01(c): ‘Affidavits or declarations presented to show that the disclosure of an application is sufficient to one skilled in the art are not acceptable to establish facts for the reason that…

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How should facts be presented in affidavits or declarations for antedating a reference?

When presenting facts in affidavits or declarations for antedating a reference, it’s crucial to follow the guidelines outlined in MPEP 715.07. The key points are: Present specific facts, not conclusions Provide clear and convincing evidence of prior invention Include dates of conception and reduction to practice Explain any delay between conception and reduction to practice…

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How are timely submitted affidavits and declarations handled by the patent examiner?

When affidavits or declarations under 37 CFR 1.130 are timely submitted and admitted, the patent examiner is required to acknowledge and comment on them in the next office action. According to MPEP 717.01(f): All admitted affidavits and declarations are acknowledged and commented upon by the examiner in the next succeeding action, and an indication of…

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What are the requirements for exhibits filed with affidavits or declarations in patent applications?

Exhibits filed as part of affidavits or declarations in patent applications must comply with specific requirements. According to MPEP 715.07(d), “Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.131(a), must comply with the requirements of 37 CFR 1.91 to be entered into an application file.” This means that…

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How does the USPTO handle partial disqualification of prior art through a 37 CFR 1.130(b) declaration?

The USPTO allows for partial disqualification of prior art through a 37 CFR 1.130(b) declaration. If the declaration shows that only a portion of the intervening disclosure was previously publicly disclosed by the inventor, the remaining portion may still be available as prior art. The MPEP states: Any remaining portion of an intervening grace period…

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