What is the purpose of MPEP 715.01(a)?

MPEP 715.01(a) provides guidance on how to handle situations where a reference (patent or published application) names a different inventive entity with at least one common inventor compared to the application under examination. It specifically addresses how to overcome rejections based on such references using affidavits or declarations. The section states: When subject matter disclosed…

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How do affidavits or declarations support nonobviousness in patent applications?

Affidavits or declarations play a crucial role in supporting nonobviousness in patent applications. According to MPEP 716.01(a): “Affidavits or declarations, when timely presented, containing evidence of criticality or unexpected results, commercial success, long-felt but unsolved needs, failure of others, skepticism of experts, etc., must be considered by the examiner in determining the issue of obviousness…

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What happens if an affidavit or declaration is submitted after a final rejection?

If an affidavit or declaration under 37 CFR 1.130 is submitted after a final rejection, it can still be considered timely under certain conditions. According to MPEP 717.01(f): Affidavits and declarations submitted under 37 CFR 1.130 and other evidence traversing rejections are considered timely if submitted: […] (C) after final rejection, but before or on…

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Can affidavits or declarations be submitted after the prosecution is closed?

Yes, affidavits or declarations under 37 CFR 1.130 can be submitted after the prosecution is closed, but only under specific circumstances. According to MPEP 717.01(f): Affidavits and declarations submitted under 37 CFR 1.130 and other evidence traversing rejections are considered timely if submitted: […] (D) after the prosecution is closed (e.g., after a final rejection,…

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What types of evidence are acceptable for antedating a reference in patent applications?

According to MPEP 715.07, acceptable evidence for antedating a reference can include: Affidavits or declarations from inventors or others with knowledge of the facts Documentary evidence such as drawings, photographs, or other physical exhibits Laboratory notebooks or other contemporaneous records Testimony from witnesses who can corroborate the inventor’s activities The MPEP states: ‘Facts, not conclusions,…

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What is the significance of 37 CFR 1.131(a) affidavits or declarations in establishing invention dates?

37 CFR 1.131(a) affidavits or declarations are important tools for establishing invention dates under pre-AIA law. The MPEP 715.07(c) states: “The 37 CFR 1.131(a) affidavit or declaration must contain an allegation that the acts relied upon to establish the date prior to the reference or activity were carried out in this country or in a…

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