How does a 37 CFR 1.130(a) declaration differ from other types of patent declarations?
A declaration under 37 CFR 1.130(a) serves a specific purpose that distinguishes it from other types of patent declarations. According to MPEP 717.01(a)(1): A declaration under 37 CFR 1.130(a) is not an appropriate vehicle for explaining or establishing conception, reduction to practice, or diligence. Key differences include: Purpose: 1.130(a) declarations attribute a disclosure to the…
Read MoreHow does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts?
How does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts? The America Invents Act (AIA) has significantly impacted the use of 37 CFR 1.131 affidavits, including those relying on acts in NAFTA/WTO countries. The MPEP 715.07(c) notes: “The provisions of 35 U.S.C. 104, as in effect on March 15, 2013,…
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