How can an applicant show that another obtained the subject matter directly or indirectly from the inventor?
An applicant can demonstrate that another obtained the subject matter directly or indirectly from the inventor or a joint inventor through an affidavit or declaration under 37 CFR 1.130(a) or (b). The MPEP states: “An applicant may also show that another obtained the subject matter disclosed directly or indirectly from the inventor or a joint…
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