How does an examiner evaluate the scope of the subject matter disclosed in a declaration under 37 CFR 1.130(b)?

How does an examiner evaluate the scope of the subject matter disclosed in a declaration under 37 CFR 1.130(b)? When evaluating a declaration under 37 CFR 1.130(b), the examiner must carefully consider the scope of the subject matter disclosed. According to MPEP 717.01(b)(1): “The examiner will determine whether the subject matter disclosed in the disclosure…

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What should be included in a declaration to show an inventor-originated disclosure?

A declaration to show an inventor-originated disclosure under 37 CFR 1.130(b) should include specific elements to effectively disqualify a disclosure as prior art. According to MPEP 717.01(b)(1), the declaration should: Identify the subject matter publicly disclosed. Provide the date of the public disclosure. Identify the names of the inventors responsible for the public disclosure. Provide…

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What is the process for handling confidential materials in reexamination proceedings?

In reexamination proceedings open to the public under 37 CFR 1.11(d), confidential materials submitted under MPEP § 724.02 are handled as follows: Materials are sealed from public view and kept separate from the main reexamination file A petition to expunge should accompany the submission or be filed shortly after The examiner determines the materiality of…

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How are confidential materials handled in reissue applications open to the public?

Confidential materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are handled as follows: Materials are kept separate from the main application file They are not publicly available until a determination of materiality to patentability is made If found not material, they can be expunged upon petition…

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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…

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