What is the significance of the species-genus relationship in prior public disclosures?
The species-genus relationship is significant in prior public disclosures because a prior disclosure of a species by an inventor can be considered the same subject matter as a later disclosure of a genus that includes that species by a third party. This principle is illustrated in Example 2 of MPEP 2155.02, which states: Note that…
Read MoreHow can an applicant show that the subject matter was previously publicly disclosed?
An applicant can show that the subject matter was previously publicly disclosed by the inventor or a joint inventor before the disclosure or effective filing date of the subject matter on which the rejection was based by submitting an affidavit or declaration under 37 CFR 1.130(b). According to the MPEP: An applicant may show that…
Read MoreWhat is the purpose of 37 CFR 1.130 in patent examination?
37 CFR 1.130 provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art under the America Invents Act (AIA). Specifically, it allows applicants to overcome prior art rejections by showing that: The disclosure was made by the inventor or joint inventor (37 CFR 1.130(a)) The subject matter…
Read MoreDoes the manner of prior public disclosure matter when submitting an affidavit or declaration?
No, the manner of prior public disclosure is not critical when submitting an affidavit or declaration under 37 CFR 1.130(b). The MPEP states: The manner of disclosure of subject matter referenced in an affidavit or declaration under 37 CFR 1.130(b)(2) is not critical. Just as the prior art provision of AIA 35 U.S.C. 102(a)(1) encompasses…
Read MoreWhat is an affidavit or declaration under 37 CFR 1.130 and how can it overcome a 35 U.S.C. 102 rejection?
An affidavit or declaration under 37 CFR 1.130 is a sworn statement that can be used to overcome a 35 U.S.C. 102 rejection by establishing that a disclosure is not prior art. There are two types: Affidavit or declaration of attribution (37 CFR 1.130(a)) Affidavit or declaration of prior public disclosure (37 CFR 1.130(b)) MPEP…
Read MoreHow does 37 CFR 1.130 help overcome prior art rejections?
37 CFR 1.130 provides a mechanism for applicants to overcome prior art rejections by establishing that certain disclosures should not be considered prior art under the America Invents Act (AIA). It helps in two primary ways: Attribution (37 CFR 1.130(a)): By showing that the disclosure was made by the inventor or joint inventor, or that…
Read MoreHow does a 37 CFR 1.130(b) declaration establish the date of prior public disclosure?
How does a 37 CFR 1.130(b) declaration establish the date of prior public disclosure? A 37 CFR 1.130(b) declaration establishes the date of prior public disclosure by providing evidence of the public availability of the disclosed subject matter before the relevant date of the potential prior art. According to MPEP 717.01(b): ‘The evidence necessary to…
Read MoreWhat is the grace period for prior public disclosures under 37 CFR 1.130(b)?
The grace period for prior public disclosures under 37 CFR 1.130(b) is one year before the effective filing date of the claimed invention. This is based on the provisions of 35 U.S.C. 102(b)(1)(B), which states: 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed…
Read MoreWhat evidence is required in a declaration under 37 CFR 1.130(b) for prior public disclosure?
A declaration under 37 CFR 1.130(b) for prior public disclosure requires specific evidence to be effective. According to MPEP 717.01(b): “The evidence necessary to show prior public disclosure under AIA 35 U.S.C. 102(b) by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or…
Read MoreWhat evidence is required in a 1.130(b) declaration for prior public disclosure?
A declaration under 37 CFR 1.130(b) requires specific evidence to establish a prior public disclosure. As outlined in MPEP 717.01(b), the declaration should include: The subject matter that was publicly disclosed; The date of the public disclosure; and The manner of the public disclosure. The MPEP states: “The evidence necessary to show prior public disclosure…
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