How does an examiner evaluate the sufficiency of evidence in a 1.130(b) declaration?
When evaluating the sufficiency of evidence in a declaration under 37 CFR 1.130(b), examiners follow specific guidelines. According to MPEP 717.01(b)(1): “The evidence necessary to show that the disclosure is by the inventor or a joint inventor must be evaluated by considering the facts and circumstances surrounding the disclosure of the subject matter. The evidence…
Read MoreHow does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?
The USPTO evaluates the sufficiency of evidence in a 37 CFR 1.130(a) declaration based on a preponderance of the evidence standard. The evidence must show that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them. According to MPEP 717.01(a)(1): The evidence necessary to show that the disclosure…
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