What is the purpose of a declaration under 37 CFR 1.130(a) in patent applications?
What is the purpose of a declaration under 37 CFR 1.130(a) in patent applications? A declaration under 37 CFR 1.130(a) serves to attribute a disclosure to the inventor or a joint inventor, or to establish that a disclosure was obtained from the inventor or a joint inventor. This is particularly useful when dealing with prior…
Read MoreHow does a prior public disclosure affect the application of 35 U.S.C. 102(a)(1) and 102(a)(2)?
A prior public disclosure by the inventor, joint inventor, or another who obtained the subject matter from them can affect the application of 35 U.S.C. 102(a)(1) and 102(a)(2) in patent examination. According to MPEP 717.01(b): “The provisions of 37 CFR 1.130(b) are not available if the rejection is based upon a disclosure made more than…
Read MoreHow does a prior public disclosure affect the grace period under AIA?
Under the America Invents Act (AIA), a prior public disclosure by the inventor or joint inventor can affect the grace period, providing protection against certain disclosures being used as prior art. According to MPEP 717.01(b): “The grace period provision of AIA 35 U.S.C. 102(b)(1)(B) applies if the ‘subject matter disclosed [in the intervening disclosure] had,…
Read MoreHow does MPEP 715.01(d) relate to the one-year grace period in patent applications?
MPEP 715.01(d) is closely related to the one-year grace period provided under 35 U.S.C. 102(b)(1). The section states: Where the last applied reference is less than a year prior to applicant’s or patent owner’s effective filing date, see MPEP § 2155.02. This reference to MPEP § 2155.02 is significant because it deals with the grace…
Read MoreHow does the AIA affect the grace period for prior art in patent applications?
The America Invents Act (AIA) introduced significant changes to the grace period for prior art in patent applications. MPEP 715.01(d) explains: ‘For applications subject to current 35 U.S.C. 102, the provisions of 37 CFR 1.130 generally apply for subject matter to which the current 35 U.S.C. 102(a)(1) or 102(a)(2) dates to be one year or…
Read MoreWhat is the grace period for disclosures under AIA 35 U.S.C. 102(b)(1)?
The AIA provides a one-year grace period for certain disclosures made before the effective filing date of a claimed invention. Specifically, 35 U.S.C. 102(b)(1) states: A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if— (A)…
Read MoreWhat types of activities can be used against claims in a patent application?
According to MPEP 715.01(d), various activities can be used against claims in a patent application. These include: Public use Sales Publications Patents Abandonment The MPEP 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)…
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