FAQ Tag: Prior Art Rejection

  • What is the purpose of a 37 CFR 1.131(a) affidavit or declaration?

    Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The purpose of a 37 CFR 1.131(a) affidavit or declaration…

  • What is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?

    Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An affidavit or declaration under 37 CFR 1.131(a) serves to…

  • How does a primary examiner guide a new assistant in applying prior art rejections?

    Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A primary examiner plays a crucial role in guiding new…

  • How do examiners handle applications where common ownership or a joint research agreement has not been established?

    Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 717.02(c), when examining applications where common ownership…

  • How can an inventor overcome a rejection based on their own published work?

    Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An inventor can overcome a rejection based on their own…

  • How can an applicant overcome prior art rejections using a 37 CFR 1.132 affidavit?

    Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An applicant can overcome certain prior art rejections using a…

  • How does MPEP 715.01(a) handle references with a common assignee but different inventors?

    Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. MPEP 715.01(a) addresses situations where a reference and an application…