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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreHow 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…
Read MoreIn what situations are the provisions of 37 CFR 1.130 available in patent applications?
According to MPEP 717.01(d), the provisions of 37 CFR 1.130 are available in the following situations: When the rejection is based on a disclosure other than a U.S. patent or U.S. patent application publication, such as non-patent literature or a foreign patent document. When the rejection is based on a U.S. patent or U.S. patent…
Read MoreWhat information must be included in a declaration under 37 CFR 1.130(b)?
A declaration under 37 CFR 1.130(b) must include specific information to be considered effective. The key elements are: Identification of the subject matter publicly disclosed The date of the public disclosure If the disclosure was in a printed publication, a copy must be provided If not in a printed publication, a detailed description of the…
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 attribute the subject matter disclosed in a grace period inventor disclosure to the inventor or a joint inventor. Its purpose is to establish that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly…
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 MoreWhat 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 More