How 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…

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How 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…

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What 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…

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What 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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