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…

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How 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…

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How 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…

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