What criteria are used to evaluate the effectiveness of a 37 CFR 1.130(a) declaration?
The MPEP outlines several criteria used to evaluate the effectiveness of a declaration under 37 CFR 1.130(a): Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A). Whether the affidavit or declaration shows sufficient facts to establish that the disclosure was made by the inventor or a joint inventor, or the…
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