How does the USPTO evaluate the sufficiency of a declaration under 37 CFR 1.130(b)?
The USPTO evaluates the sufficiency of a declaration under 37 CFR 1.130(b) by considering whether it establishes that the subject matter disclosed was publicly disclosed by the inventor, joint inventor, or another who obtained the subject matter from them, before the date of the disclosure being relied upon as prior art. MPEP 717.01(b)(1) states: “To…
Read MoreWhat does ‘same subject matter’ mean in the context of 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B) exceptions?
The concept of ‘same subject matter’ is crucial in applying the exceptions under 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B). According to the MPEP: “The exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) are only applicable when the subject matter of the intervening disclosure is the same as the subject matter of the earlier inventor-originated prior public disclosure.”…
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