Can a previously allowed patent claim be rejected?
Yes, a previously allowed patent claim can be rejected, but it’s an unusual occurrence that requires careful consideration. According to MPEP 706.04, “A claim noted as allowable may be rejected only after a primary examiner has considered all the facts.” This process involves several key points: The rejection must be signed by a primary examiner…
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) is used to show 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, In other words, the affidavits or declarations are seeking…
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 attribute the subject matter disclosed in a grace period inventor disclosure to the inventor or a joint inventor. Its purpose is to establish that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly…
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 attribute a disclosure that might otherwise qualify as prior art to the inventor or joint inventor. Its purpose is to establish that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them. As stated in MPEP 717.01(a)(1): The…
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 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 or provide evidence of prior public disclosure or use. As stated in MPEP 717.01: ’37 CFR 1.130 provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art in accordance with 35…
Read MoreWhat is the purpose of 37 CFR 1.130(b)?
37 CFR 1.130(b) provides a mechanism for applicants or patent owners to disqualify certain disclosures as prior art. Specifically, it allows them to establish that the subject matter disclosed had been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor…
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) is used to show that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by: (1) the inventor or a joint inventor; or (2) another who obtained the subject matter disclosed directly or indirectly from…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(b)?
A declaration 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 before the date of the disclosure being used as prior art. As stated in MPEP 717.01(b): “Where the subject matter disclosed had been…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(a) in patent applications?
What is the purpose of a declaration under 37 CFR 1.130(a) in patent applications? A declaration under 37 CFR 1.130(a) serves to attribute a disclosure to the inventor or a joint inventor, or to establish that a disclosure was obtained from the inventor or a joint inventor. This is particularly useful when dealing with prior…
Read More