What is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) is used to show that: The disclosure was made by the inventor or a joint inventor, or The subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in the MPEP, In other words, the affidavits or declarations are seeking…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to attribute a disclosure that might otherwise qualify as prior art to the inventor or joint inventor. Its purpose is to establish that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them. As stated in MPEP 717.01(a)(1): The…
Read MoreWhat is the purpose of 37 CFR 1.130(b)?
37 CFR 1.130(b) provides a mechanism for applicants or patent owners to disqualify certain disclosures as prior art. Specifically, it allows them to establish that the subject matter disclosed had been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor…
Read MoreWhat is the purpose of declarations or affidavits under 37 CFR 1.130(a)?
Declarations or affidavits under 37 CFR 1.130(a) are used to disqualify a disclosure as prior art by establishing that: The disclosure was made by the inventor or a joint inventor, or The subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in the MPEP, 37 CFR 1.130(a)…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01(a)(1): “The provision of…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. According to MPEP 717.01(a)(1): The purpose of a…
Read MoreWhat are the prior art exceptions under AIA 35 U.S.C. 102(b)(1) and (2)?
The prior art exceptions under AIA 35 U.S.C. 102(b)(1) and (2) provide circumstances where certain disclosures are not considered prior art. These exceptions are: Under 35 U.S.C. 102(b)(1), a disclosure made one year or less before the effective filing date is not prior art if: The disclosure was made by the inventor, joint inventor, or…
Read MoreHow does the AIA define ‘disclosure’ in the context of prior art?
The AIA does not explicitly define the term ‘disclosure’. However, the MPEP provides guidance on how the USPTO interprets this term in the context of prior art exceptions. According to the MPEP: The Office is treating the term ‘disclosure’ as a generic expression intended to encompass the documents and activities enumerated in 35 U.S.C. 102(a)…
Read MoreWhat is the best mode requirement in patent applications?
The best mode requirement in patent applications refers to the obligation of the inventor to disclose the best way they know of carrying out their invention at the time of filing. This is mandated by 35 U.S.C. 112. As stated in MPEP 608.01(h): The best mode contemplated by the inventor of carrying out his or…
Read MoreIs a specific working example required in a patent application?
No, a specific working example is not required in a patent application. The MPEP 608.01(h) clearly states: There is no statutory requirement for the disclosure of a specific example. A patent specification is not intended nor required to be a production specification. Furthermore, the MPEP explains that the presence or absence of a specific working…
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