Are 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…
Read MoreWhat is the grace period for prior public disclosures under 37 CFR 1.130(b)?
The grace period for prior public disclosures under 37 CFR 1.130(b) is one year before the effective filing date of the claimed invention. This is based on the provisions of 35 U.S.C. 102(b)(1)(B), which states: 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed…
Read MoreHow are continuation-in-part (CIP) applications handled in terms of examination order?
Continuation-in-part (CIP) applications have a unique treatment when it comes to examination order. The MPEP provides guidance on this: “The actual filing date of a continuation-in-part application is used for docketing purposes. However, the examiner may act on a continuation-in-part application by using the effective filing date, if desired.” This means that while CIP applications…
Read MoreWhat is the effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C)?
What is the effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C)? The effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C) is crucial for determining the applicability of the exception. According to MPEP 717.02(a): “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not…
Read MoreHow does the effective filing date affect prior art rejections?
How does the effective filing date affect prior art rejections? The effective filing date of a claimed invention is crucial in determining what qualifies as prior art for rejections. According to MPEP 2152: “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis. It is possible…
Read MoreWhat is the significance of the effective filing date in invoking the prior art exception?
What is the significance of the effective filing date in invoking the prior art exception? The effective filing date plays a crucial role in invoking the prior art exception under 35 U.S.C. 102(b)(2)(C). According to MPEP 717.02(a): Even if the exception under AIA 35 U.S.C. 102(b)(2)(C) does not apply, the subject matter disclosed and the…
Read MoreWhat is the significance of the effective filing date in patent examination?
The effective filing date is crucial in patent examination as it determines which prior art can be used against the claims. MPEP 715.01(d) states: ‘The 1-year grace period in pre-AIA 35 U.S.C. 102(b) is measured from the filing date to which the application is entitled (United States filing date or foreign priority date) with respect…
Read MoreWhat is the ‘effective filing date’ for a claimed invention?
The ‘effective filing date’ for a claimed invention is defined in 35 U.S.C. 100(i)(1) as follows: The term “effective filing date” for a claimed invention in a patent or application for patent means—(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim…
Read MoreWhat is the significance of the effective filing date in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the significance of the effective filing date in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception? The effective filing date plays a crucial role in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception. According to MPEP 717.02(b): “The effective filing date is the filing date of the earliest application for which the application is entitled…
Read MoreWhat is the significance of the effective filing date in AIA 35 U.S.C. 102(b)(2)(C) exceptions?
What is the significance of the effective filing date in AIA 35 U.S.C. 102(b)(2)(C) exceptions? The effective filing date plays a crucial role in determining the applicability of the AIA 35 U.S.C. 102(b)(2)(C) exception. According to MPEP 717.02(c): “Even if the reference is not disqualified as prior art under AIA 35 U.S.C. 102(b)(2)(C), the reference…
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