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 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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