What is the difference between 37 CFR 1.130(a) and 1.130(b) declarations?
The main difference between 37 CFR 1.130(a) and 1.130(b) declarations lies in the nature of the disclosure being addressed: 1.130(a) declaration: Used when the disclosure was made by the inventor or joint inventor, or the subject matter was obtained directly or indirectly from the inventor or joint inventor. 1.130(b) declaration: Used when the subject matter…
Read MoreWhat is the difference between the exceptions in 35 U.S.C. 102(b)(1) and 102(b)(2)?
The exceptions in 35 U.S.C. 102(b)(1) and 102(b)(2) serve different purposes and apply to different types of prior art. Here’s a comparison: 35 U.S.C. 102(b)(1) Exceptions: Apply to disclosures that would be prior art under 35 U.S.C. 102(a)(1) Cover public disclosures made within one year before the effective filing date Include exceptions for inventor’s own…
Read MoreHow does common ownership affect prior art under 35 U.S.C. 102(b)(2)(C)?
Common ownership can significantly affect prior art considerations under 35 U.S.C. 102(b)(2)(C). The MPEP states: “35 U.S.C. 102(b)(2)(C) excepts subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application from constituting prior art under 35 U.S.C. 102(a)(2) if the subject matter disclosed and the claimed invention, not later than the…
Read MoreAre there any exceptions to the prior art under AIA 35 U.S.C. 102(a)(1)?
Yes, there are exceptions to what constitutes prior art under AIA 35 U.S.C. 102(a)(1). The MPEP notes: “However, disclosures of the subject matter made one year or less before the effective filing date of the claimed invention by the inventor or a joint inventor or another who obtained the subject matter directly or indirectly from…
Read MoreHow does the AIA one-year grace period affect 37 CFR 1.130 declarations?
The AIA one-year grace period is closely related to 37 CFR 1.130 declarations. It allows inventors to file patent applications within one year of their own public disclosures or disclosures derived from them. This grace period is reflected in the use of 1.130 declarations: 1.130(a) declarations can be used to establish that a disclosure within…
Read MoreWhat are the exceptions to prior art under AIA 35 U.S.C. 102(b)?
AIA 35 U.S.C. 102(b) provides exceptions to what would otherwise be considered prior art under AIA 35 U.S.C. 102(a). These exceptions are divided into two categories: AIA 35 U.S.C. 102(b)(1): Exceptions to prior art defined in 102(a)(1) AIA 35 U.S.C. 102(b)(2): Exceptions to prior art defined in 102(a)(2) The MPEP states: “AIA 35 U.S.C. 102(b)…
Read MoreWhat is the significance of AIA 35 U.S.C. 102(b) in relation to disclosures?
AIA 35 U.S.C. 102(b) plays a crucial role in determining whether certain disclosures qualify as prior art. According to MPEP 2152.04: “AIA 35 U.S.C. 102(b)(1) and (b)(2), however, each state conditions under which a “disclosure” that otherwise falls within AIA 35 U.S.C. 102(a)(1) or 102(a)(2) is not prior art under AIA 35 U.S.C. 102(a)(1) or…
Read MoreWhat is the difference between AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B)?
AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B) provide similar exceptions for disclosures, but they apply to different types of prior art: 102(b)(1)(B) applies to grace period disclosures under 102(a)(1) (public disclosures) 102(b)(2)(B) applies to disclosures under 102(a)(2) (patent applications) The MPEP states: AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B) respectively provide that a grace period disclosure under…
Read MoreHow does 37 CFR 1.130 relate to the America Invents Act (AIA)?
37 CFR 1.130 is directly related to the America Invents Act (AIA) and is only applicable to patent applications subject to the first inventor to file (FITF) provisions of the AIA. It provides a mechanism for applicants to overcome prior art rejections under the new AIA provisions. Specifically, 37 CFR 1.130 allows applicants to establish…
Read MoreHow does double patenting differ from prior art rejections?
While double patenting and prior art rejections may seem similar, there are key differences: Double patenting compares claims, while prior art rejections compare claims to disclosures Terminal disclaimers can overcome nonstatutory double patenting but not prior art rejections Double patenting requires some commonality in ownership or inventorship Prior art exceptions may not apply to double…
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