Can an inventor’s own prior disclosure be used against them under Pre-AIA 35 U.S.C. 102(f)?
Can an inventor’s own prior disclosure be used against them under Pre-AIA 35 U.S.C. 102(f)? Generally, an inventor’s own prior disclosure cannot be used against them under Pre-AIA 35 U.S.C. 102(f). The MPEP clarifies: “Pre-AIA 35 U.S.C. 102(f) applies only to cases where the invention is derived from another. It does not apply to cases…
Read MoreAre there situations where 37 CFR 1.130(a) declarations are not available?
Yes, there are situations where declarations under 37 CFR 1.130(a) are not available. The MPEP outlines two main scenarios: If the disclosure was made more than one year before the effective filing date of the claimed invention. When the disclosure is a U.S. patent or U.S. patent application publication that claims an invention that is…
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