What evidence is required in a 37 CFR 1.130(a) declaration?
A 37 CFR 1.130(a) declaration requires evidence to establish that the disclosure was made by the inventor or joint inventor, or that the subject matter was obtained directly or indirectly from the inventor or joint inventor. The evidence may include: Inventor’s affidavit or declaration stating the facts Corroborating documents (e.g., emails, lab notebooks) Evidence of…
Read MoreWhat evidence is required for a 1.130(a) declaration?
For a 1.130(a) declaration, the evidence required depends on whether the declarant is claiming to be the inventor/joint inventor of the disclosed subject matter or claiming that the subject matter was obtained from the inventor/joint inventor. According to MPEP 2155.01: If the declarant is the inventor/joint inventor: “The declaration must show that the inventor or…
Read MoreWhat are the requirements when the claimed invention is not coextensive with the commercial product?
When the claimed invention is not coextensive with the commercial product or process, the applicant must demonstrate a legally sufficient relationship between the claimed feature and the commercial success. This ensures that the commercial success is attributable to the specific aspects of the invention that are claimed. According to MPEP 716.03(a): “Where the commercially successful…
Read MoreWhat evidence is required for a showing of unavoidable delay in a petition to revive?
What evidence is required for a showing of unavoidable delay in a petition to revive? When filing a petition to revive an abandoned application based on unavoidable delay, the petitioner must provide substantial evidence to support the claim. According to MPEP 711.03(c), the evidence required includes: Detailed explanation: A clear and detailed explanation of the…
Read MoreWhat evidence is required to prove an inventor’s refusal to sign a patent application?
What evidence is required to prove an inventor’s refusal to sign a patent application? When an inventor refuses to sign a patent application, specific evidence is required to proceed without their signature. The MPEP 409.03(d) outlines the necessary proof: ‘Where refusal of the inventor to sign the application papers is the reason for filing under…
Read MoreWhat evidence is required to show an inventor is unavailable or refuses to sign?
To show an inventor is unavailable or refuses to sign, the petitioner must provide substantial evidence. According to MPEP 409.03(b): ‘The fact that an inventor is unavailable or refuses to join in an application must be established by satisfactory proof… such as inability to find him or reach him after diligent effort.’ Evidence may include:…
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