What are the key criteria for evaluating declarations under 37 CFR 1.130(b)?
When evaluating declarations under 37 CFR 1.130(b), patent examiners consider several key criteria: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit or declaration shows sufficient facts to establish prior public disclosure Whether the formal requirements of the declaration or affidavit are met Whether the affidavit or…
Read MoreDoes 37 CFR 1.130(b) require the disclosure to be an enabling disclosure?
No, 37 CFR 1.130(b) does not require the disclosure to be an enabling disclosure within the meaning of 35 U.S.C. 112(a). The MPEP clearly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly…
Read MoreIs the mode of disclosure important in 37 CFR 1.130(b) declarations?
No, the mode or manner of disclosure is not critical when submitting a declaration under 37 CFR 1.130(b). The MPEP clearly states: There is no requirement under 35 U.S.C. 102(b)(1)(B) that the mode of disclosure by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?
The key difference between a 37 CFR 1.130(a) declaration and a 37 CFR 1.130(b) declaration lies in their purpose and the type of disclosure they address: 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor. 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor…
Read MoreHow does a declaration under 37 CFR 1.130(b) differ from one under 37 CFR 1.130(a)?
Declarations under 37 CFR 1.130(b) and 37 CFR 1.130(a) serve different purposes in patent applications: 37 CFR 1.130(b): Used to establish prior public disclosure by the inventor or someone who obtained the subject matter from the inventor. 37 CFR 1.130(a): Used to establish that a disclosure was made by the inventor or obtained from the…
Read MoreWhat is the difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations?
What is the difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations? The main difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations lies in their purpose and the type of disclosure they address: 37 CFR 1.130(a) declaration: Used to attribute a disclosure to the inventor or a joint inventor, or to establish…
Read MoreHow does a 37 CFR 1.130(b) declaration of prior public disclosure differ from a 1.130(a) declaration?
A 37 CFR 1.130(b) declaration of prior public disclosure serves a different purpose than a 1.130(a) declaration. As outlined in MPEP 717.01(b): Where the disclosure on which the rejection is based is not a U.S. patent or U.S. patent application publication, the applicant or patent owner may, under 37 CFR 1.130(b), establish a prior public…
Read MoreHow does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?
Declarations under 37 CFR 1.130(a) and (b) serve different purposes in patent examination: 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor. 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor or joint inventor. As stated in MPEP 717.01(a): ‘The provisions of 37 CFR…
Read MoreWhat types of affidavits or declarations can be filed under 37 CFR 1.130?
Under 37 CFR 1.130, two types of affidavits or declarations can be filed: Affidavit or declaration of attribution (37 CFR 1.130(a)): This is used to establish that a disclosure was made by the inventor or joint inventor, or that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor. Affidavit…
Read MoreWhat are the requirements for a valid 37 CFR 1.130(b) declaration?
What are the requirements for a valid 37 CFR 1.130(b) declaration? A valid 37 CFR 1.130(b) declaration must meet several requirements to effectively establish prior public disclosure. According to MPEP 717.01(b), the declaration should: Be made by the inventor, a joint inventor, or another who obtained the subject matter from them Establish that the subject…
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