What is the difference between an affidavit and a declaration in patent applications?
In the context of patent applications, affidavits and declarations serve the same purpose but differ in their formalities. According to MPEP 717.01(c): Affidavit: A written statement made under oath before a notary public or other authorized officer. Declaration: A statement in writing made under penalty of perjury, as permitted by 28 U.S.C. 1746. The MPEP…
Read MoreWhat is the difference between an affidavit under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications?
The key differences between affidavits under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications are: 37 CFR 1.131(a) affidavit: Used to antedate (show prior invention) a reference by proving invention before the effective date of the reference. 37 CFR 1.132 affidavit: Used to show that the relevant portions of the reference originated with…
Read MoreHow is the date of abandonment determined for a patent application?
How is the date of abandonment determined for a patent application? The date of abandonment for a patent application is determined based on the type of abandonment and the circumstances surrounding it. According to MPEP 711.04(a), there are several scenarios: Failure to reply within the set time period: The date of abandonment is the day…
Read MoreCan demonstrations be conducted during patent examiner interviews?
Can demonstrations be conducted during patent examiner interviews? Yes, demonstrations can be conducted during patent examiner interviews. The MPEP 713.08 states: “The demonstration of an invention may also be conducted during an interview with the examiner.” However, it’s important to note that: Demonstrations should be arranged in advance with the examiner. They must comply with…
Read MoreHow can an applicant demonstrate unexpected results?
To demonstrate unexpected results, an applicant should: Compare the claimed invention with the closest prior art Explain the significance of the unexpected results Provide evidence that is commensurate in scope with the claims The MPEP states: The evidence relied upon should establish ‘that the differences in results are in fact unexpected and unobvious and of…
Read MoreWhen is a decision on a petition to expunge information made?
The decision on a petition to expunge information is typically held in abeyance until certain milestones in the application process. According to MPEP 724.06: The decision on the petition to expunge should be held in abeyance until the application is allowed or an Ex parte Quayle action, or a Notice of Abandonment is mailed, at…
Read MoreWho decides on petitions to expunge information from patent applications?
The decision-maker for petitions to expunge information depends on the circumstances and stage of the application process: For pending applications that have not been allowed or received an Ex parte Quayle action, the examiner initially considers the petition but holds the decision in abeyance. For applications that have been allowed, received an Ex parte Quayle…
Read MoreWhat is the date of abandonment for a patent application with a non-final Office action?
For a patent application with a non-final Office action, the date of abandonment is determined as follows: If no reply is filed, the application becomes abandoned on the day after the due date for reply. If a reply is filed, but it’s incomplete or not fully responsive, the application becomes abandoned on the day after…
Read MoreHow is the date of abandonment determined for a patent application with a final Office action?
The date of abandonment for a patent application with a final Office action is determined based on the following scenarios: If no reply is filed, the application becomes abandoned on the day after the due date for reply. If a reply is filed but doesn’t meet the requirements for continued examination, the application becomes abandoned…
Read MoreWhat is the critical period for showing diligence in patent applications?
The critical period for showing diligence in patent applications is defined in the MPEP as follows: Under 37 CFR 1.131(a), the critical period in which diligence must be shown begins just prior to the effective date of the reference or activity and ends with the date of a reduction to practice, either actual or constructive…
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