How should applicants explain data in declarations?
Applicants have a specific responsibility when presenting data in declarations. According to MPEP 716.02(b): “[A]ppellants have the burden of explaining the data in any declaration they proffer as evidence of non-obviousness.” This means that it’s not enough to simply present data; applicants must provide a clear explanation of what the data shows and how it…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from other types of patent declarations?
A declaration under 37 CFR 1.130(a) serves a specific purpose that distinguishes it from other types of patent declarations. According to MPEP 717.01(a)(1): A declaration under 37 CFR 1.130(a) is not an appropriate vehicle for explaining or establishing conception, reduction to practice, or diligence. Key differences include: Purpose: 1.130(a) declarations attribute a disclosure to the…
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