When does diligence become a factor in patent examination?

Diligence becomes a factor in patent examination when an inventor is attempting to establish prior invention under 37 CFR 1.131(a). The MPEP states, In determining the sufficiency of a 37 CFR 1.131(a) affidavit or declaration, diligence need not be considered unless conception of the invention prior to the effective date is clearly established, pursuant to…

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What evidence can be submitted to show prior invention under 37 CFR 1.131(a)?

According to MPEP 715.07, evidence to show prior invention under 37 CFR 1.131(a) can include: Attached sketches Attached blueprints Attached photographs Attached reproductions of notebook entries An accompanying model Attached supporting statements by witnesses Testimony given in an interference Documents submitted under the Disclosure Document Program (discontinued February 1, 2007) The MPEP states: Evidence in…

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How should facts be presented in affidavits or declarations for antedating a reference?

When presenting facts in affidavits or declarations for antedating a reference, it’s crucial to follow the guidelines outlined in MPEP 715.07. The key points are: Present specific facts, not conclusions Provide clear and convincing evidence of prior invention Include dates of conception and reduction to practice Explain any delay between conception and reduction to practice…

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What types of evidence are acceptable for proving prior invention under 37 CFR 1.131?

What types of evidence are acceptable for proving prior invention under 37 CFR 1.131? According to MPEP 715.07, various types of evidence can be used to prove prior invention under 37 CFR 1.131. The MPEP states: ‘Acceptable types of evidence… include facts concerning reduction to practice, facts concerning conception coupled with due diligence from a…

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Can a 37 CFR 1.131(a) affidavit be sufficient if it doesn’t show the identical disclosure of the reference?

Yes, a 37 CFR 1.131(a) affidavit can be sufficient even if it doesn’t show the identical disclosure of the reference. The MPEP 715.02 states: Further, a 37 CFR 1.131(a) affidavit is not insufficient merely because it does not show the identical disclosure of the reference(s) or the identical subject matter involved in the activity relied…

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