What is the purpose of a declaration under 37 CFR 1.130(a)?
A declaration under 37 CFR 1.130(a) serves the purpose of attributing a disclosure to an inventor or joint inventor to overcome a rejection or objection based on prior art. According to MPEP 717.01(a): When a disclosure upon which a rejection is based is attributed to the inventor or a joint inventor, the rejection may be…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(a) in patent examination?
A declaration under 37 CFR 1.130(a) serves a specific purpose in patent examination: It is used to attribute a disclosure to an inventor or joint inventor to disqualify it as prior art. The declaration aims to establish that the disclosure was made by the inventor or a joint inventor, or obtained directly or indirectly from…
Read MoreWhat is the purpose of declarations or affidavits under 37 CFR 1.130(a)?
Declarations or affidavits under 37 CFR 1.130(a) are used to disqualify a disclosure as prior art by establishing that: The disclosure was made by the inventor or a joint inventor, or The subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in the MPEP, 37 CFR 1.130(a)…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor, before the date of…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01(a)(1): “The provision of…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?
A declaration or affidavit under 37 CFR 1.130(a) serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. According to MPEP 717.01(a)(1): The purpose of a…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by either: Establishing that the disclosure was made by the inventor or joint inventor, or the subject matter was obtained from the inventor or joint inventor (37 CFR 1.130(a)) Establishing that the subject matter disclosed had been publicly disclosed…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130?
An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in MPEP 717.01: An applicant or…
Read MoreWhat types of prior art can be overcome with a 37 CFR 1.131(a) affidavit?
An affidavit or declaration under 37 CFR 1.131(a) can be used to overcome certain types of prior art rejections. Specifically, it can be used to overcome rejections based on: Pre-AIA 35 U.S.C. 102(a) references Pre-AIA 35 U.S.C. 102(e) references MPEP 715 states: 37 CFR 1.131(a) affidavits are applicable to overcome rejections under pre-AIA 35 U.S.C.…
Read MoreWhat types of information can an examiner request about prior art?
What types of information can an examiner request about prior art? An examiner can request various types of information about prior art, including: Copies of patents, publications, or other information products which the applicant has mentioned in the specification but has not submitted Names of persons skilled in the art who have made written opinions…
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