Is there a requirement for the mode of disclosure to be the same in a 37 CFR 1.130(b) declaration?
No, there is no requirement for the mode of disclosure to be the same in a 37 CFR 1.130(b) declaration. The MPEP clearly states: There is no requirement under 35 U.S.C. 102(b)(1)(B) that the mode of disclosure by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly…
Read MoreWhen is a declaration under 37 CFR 1.130(a) not available?
A declaration under 37 CFR 1.130(a) is not available in the following situations: If the disclosure was made more than one year before the effective filing date of the claimed invention. When the disclosure is a U.S. patent or U.S. patent application publication that claims an invention substantially the same as the applicant’s, and the…
Read MoreWhat is the significance of the grace period in evaluating declarations under 37 CFR 1.130(b)?
What is the significance of the grace period in evaluating declarations under 37 CFR 1.130(b)? The grace period is crucial when evaluating declarations under 37 CFR 1.130(b). As explained in MPEP 717.01(b)(1): “If the declaration provides sufficient evidence that the publicly disclosed subject matter was publicly disclosed by the inventor or a joint inventor or…
Read MoreWhat is the ‘grace period inventor’s disclosure’ exception under AIA?
What is the ‘grace period inventor’s disclosure’ exception under AIA? The ‘grace period inventor’s disclosure’ exception is a key provision under the America Invents Act (AIA) that protects inventors from their own disclosures. According to MPEP 717: AIA 35 U.S.C. 102(b)(1)(A) provides exceptions to the prior art provisions of AIA 35 U.S.C. 102(a)(1). These exceptions…
Read MoreWhat is the grace period inventor’s disclosure exception in patent law?
The grace period inventor’s disclosure exception is a provision in patent law that allows inventors to disclose their invention within a specific timeframe without it being considered prior art against their own patent application. As explained in MPEP 717.01: AIA 35 U.S.C. 102(b)(1)(A) provides that a grace period disclosure shall not be prior art to…
Read MoreWhat is the grace period for prior public disclosures under 37 CFR 1.130(b)?
The grace period for prior public disclosures under 37 CFR 1.130(b) is one year before the effective filing date of the claimed invention. This is based on the provisions of 35 U.S.C. 102(b)(1)(B), which states: 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed…
Read MoreWhat is the significance of the effective filing date in patent examination?
The effective filing date is crucial in patent examination as it determines which prior art can be used against the claims. MPEP 715.01(d) states: ‘The 1-year grace period in pre-AIA 35 U.S.C. 102(b) is measured from the filing date to which the application is entitled (United States filing date or foreign priority date) with respect…
Read MoreWhat is the significance of the effective filing date in AIA 35 U.S.C. 102(b)(2)(C) exceptions?
What is the significance of the effective filing date in AIA 35 U.S.C. 102(b)(2)(C) exceptions? The effective filing date plays a crucial role in determining the applicability of the AIA 35 U.S.C. 102(b)(2)(C) exception. According to MPEP 717.02(c): “Even if the reference is not disqualified as prior art under AIA 35 U.S.C. 102(b)(2)(C), the reference…
Read MoreWhat time period is covered by 37 CFR 1.130(a) declarations?
Declarations or affidavits under 37 CFR 1.130(a) cover disclosures made within one year or less before the effective filing date of the claimed invention. This is known as the grace period. The MPEP states: 35 U.S.C. 102(b)(1)(A) provides that a disclosure made one year or less before the effective filing date of a claimed invention…
Read MoreWhat is the ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B) and how does it work?
What is the ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B) and how does it work? The ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B) is a powerful protection for inventors who publicly disclose their invention before filing a patent application. According to MPEP 717: “AIA 35 U.S.C. 102(b)(1)(B) provides that a disclosure which would otherwise qualify…
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