Is an enabling disclosure required for a 37 CFR 1.130(a) declaration?
No, an enabling disclosure is not required for a declaration under 37 CFR 1.130(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an inventor or a joint inventor…
Read MoreDoes 37 CFR 1.130(b) require the disclosure to be an enabling disclosure?
No, 37 CFR 1.130(b) does not require the disclosure to be an enabling disclosure within the meaning of 35 U.S.C. 112(a). The MPEP clearly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly…
Read MoreDoes a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?
No, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure was enabling under 35 U.S.C. 112(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from…
Read MoreCan a Secrecy Order be modified or rescinded?
Yes, applicants may petition for rescission or modification of a Secrecy Order:n n Applicants can informally contact the sponsoring defense agency to discuss rendering the order ineffectual, or formally petition the Commissioner for Patents to rescind the order. n Rescission may also be possible by expunging sensitive subject matter from the application, if it’s not…
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