What is the purpose of pre-AIA 35 U.S.C. 103(c)?
Pre-AIA 35 U.S.C. 103(c) is designed to disqualify certain prior art for obviousness considerations under specific conditions. As stated in the MPEP, It is important to recognize that pre-AIA 35 U.S.C. 103(c) applies only to consideration of prior art for purposes of obviousness under 35 U.S.C. 103. It does not apply to or affect subject…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by either: Establishing that the disclosure was made by the inventor or joint inventor, or the subject matter was obtained from the inventor or joint inventor (37 CFR 1.130(a)) Establishing that the subject matter disclosed had been publicly disclosed…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 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: An applicant or…
Read MoreWhat is the purpose of 37 CFR 1.131(c)?
37 CFR 1.131(c) provides a mechanism to disqualify certain prior art in patent applications or patents under reexamination. Specifically, it addresses situations where: A claim is rejected under 35 U.S.C. 103 (as in effect on March 15, 2013) The rejection is based on a U.S. patent or U.S. patent application publication that is not prior…
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