Can a 37 CFR 1.131(a) affidavit be used to overcome all types of prior art references?
No, a 37 CFR 1.131(a) affidavit cannot be used to overcome all types of prior art references. The MPEP 715 outlines specific limitations on the use of these affidavits: U.S. Patents and Applications: Cannot be used against U.S. patents or published applications naming another inventor with an earlier effective filing date. Statutory Bars: Cannot overcome…
Read MoreWhat is derivation in the context of pre-AIA patent law?
In the context of pre-AIA patent law, derivation refers to a situation where the subject matter in a patent, application publication, or other publication is derived from the inventor’s or at least one joint inventor’s own invention. MPEP 715.01(c) explains: When the unclaimed subject matter of a patent, application publication, or other publication is the…
Read MoreWhen are the provisions of 37 CFR 1.130 not available in patent applications?
The provisions of 37 CFR 1.130 are not available in certain situations to avoid the issuance of two patents containing patentably indistinct claims to two different parties. According to MPEP 717.01(d), these provisions are not available when: A rejection is based on a U.S. patent or U.S. patent application publication naming another inventor The patent…
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