How can an inventor overcome a rejection based on their own published work?

An inventor can overcome a rejection based on their own published work by showing that the publication was made by the inventor, at least one joint inventor, or on their behalf. This can be done through an affidavit or declaration under 37 CFR 1.132.

As stated in MPEP 715.01(c): Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 prior art based on a publication may be overcome by a showing that it was published either by the inventor, at least one joint inventor, or on behalf of the inventor or at least one joint inventor.

It’s important to note that this method is different from a 37 CFR 1.131(a) affidavit, which is used to show a date of invention. The 37 CFR 1.132 affidavit is used to show that the reference is a publication of the inventor’s or a joint inventor’s own invention.

To learn more:

• 37 CFR 1.132
• affidavit
• prior art rejection
• inventor’s own work
• pre-AIA 35 U.S.C. 102

To learn more:

• 37 CFR 1.132
• pre-AIA 35 U.S.C. 102