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 inventor in an affidavit or declaration under 37 CFR 1.130(a) or (b).”
To support this claim, the applicant should provide documentation that evidences the communication of the subject matter from the inventor to the entity that made the disclosure. This may include correspondence, meeting notes, or other records that demonstrate the transfer of information.
To learn more:
Topics:
By Another Who Obtained The Subject Matter Disclosed Directly Or Indirectly From The Inventor Or A Joint Inventor,
MPEP 2100 - Patentability,
MPEP 2155.03 - Showing That The Disclosure Was Made,
Or That Subject Matter Had Been Previously Publicly Disclosed,
Patent Law,
Patent Procedure