Can an applicant voluntarily identify grace period inventor-originated disclosures?

Yes, an applicant can voluntarily identify grace period inventor-originated disclosures. The MPEP encourages this practice: “Applicants can include a statement identifying any grace period inventor-originated disclosures in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). An applicant is not required to identify any prior inventor-originated disclosures or to use the format…

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How does the USPTO determine if a disclosure is by the inventor or a joint inventor?

The USPTO determines if a disclosure is by the inventor or a joint inventor by examining the evidence provided and the circumstances of the disclosure. According to MPEP 2155.02: “The Office is not required to evaluate the sufficiency of the declaration or affidavit beyond ensuring that the declaration or affidavit addresses the subject matter of…

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How does the USPTO determine if a disclosure is an inventor-originated disclosure?

The USPTO determines if a disclosure is an inventor-originated disclosure through a case-by-case analysis. According to the MPEP: “What evidence is necessary to show that the disclosure is an inventor-originated disclosure requires case-by-case treatment, depending upon whether it is apparent from the disclosure itself or the patent application specification that the disclosure is an inventor-originated…

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What is the role of affidavits or declarations in establishing the grace period inventor-originated disclosure exception?

Affidavits or declarations play a crucial role in establishing the grace period inventor-originated disclosure exception when it’s not apparent from the disclosure itself or the patent application specification. The MPEP states: “The Office has provided a mechanism for filing an affidavit or declaration (under 37 CFR 1.130) to establish that a disclosure is not prior…

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How can an applicant show that a disclosure was made by the inventor before an intervening disclosure?

How can an applicant show that a disclosure was made by the inventor before an intervening disclosure? To show that a disclosure was made by the inventor before an intervening disclosure, the applicant must provide evidence that establishes the inventor’s prior public disclosure. The MPEP 2155.02 outlines several ways this can be done: An affidavit…

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