What is the purpose of 37 CFR 1.130(b)?
37 CFR 1.130(b) provides a mechanism for applicants or patent owners to disqualify certain disclosures as prior art. Specifically, it allows them to establish that the subject matter disclosed had been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) is used to show that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by: (1) the inventor or a joint inventor; or (2) another who obtained the subject matter disclosed directly or indirectly from…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(b)?
A declaration under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor before the date of the disclosure being used as prior art. As stated in MPEP 717.01(b): “Where the subject matter disclosed had been…
Read MoreWhat is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?
A declaration or affidavit under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor, before the date of…
Read MoreHow does a provisional application affect public disclosure of an invention?
How does a provisional application affect public disclosure of an invention? Filing a provisional application does not automatically result in public disclosure of your invention. The MPEP 201.04 states: ‘A provisional application will not be published, and, therefore, no publication fee is required.’ This means that your invention remains confidential when you file a provisional…
Read MoreWhat information about patent applications can be disclosed to the public?
The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2): Whether the application is pending, abandoned, or patented Whether the application has been published The application’s numerical identifier Whether another application claims benefit of the application This information can only be disclosed if the application is identified…
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