Does the manner of prior public disclosure matter when submitting an affidavit or declaration?
No, the manner of prior public disclosure is not critical when submitting an affidavit or declaration under 37 CFR 1.130(b). The MPEP states: The manner of disclosure of subject matter referenced in an affidavit or declaration under 37 CFR 1.130(b)(2) is not critical. Just as the prior art provision of AIA 35 U.S.C. 102(a)(1) encompasses…
Read MoreDoes the manner of disclosure matter for invoking the 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) exceptions?
No, the manner or mode of disclosure is not critical when invoking the exceptions under 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B). The MPEP clarifies: “The manner of disclosure of subject matter referenced in an affidavit or declaration under 37 CFR 1.130(b) is not critical.” This means: The subject matter doesn’t need to be disclosed in the…
Read MoreIs the mode of disclosure important in 37 CFR 1.130(b) declarations?
No, the mode or manner of disclosure is not critical when submitting a declaration under 37 CFR 1.130(b). 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 from the…
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