How does a 37 CFR 1.130(b) declaration of prior public disclosure differ from a 1.130(a) declaration?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A 37 CFR 1.130(b) declaration of prior public disclosure serves a different purpose than a 1.130(a) declaration. As outlined in MPEP 717.01(b) : Where the disclosure on which the rejection is based is not a U.S. patent or U.S. patent application publication, the applicant or patent owner may, under 37 CFR 1.130(b), establish a prior public disclosure by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor. Key differences include: 1.130(a) declaration : Attributes the disclosure to the inventor(s). 1.130(b) declaration : Establishes that the inventor(s) publicly disclosed the subject matter before the date of the reference being used for rejection. The 1.130(b) declaration must show that the prior public disclosure by the inventor(s) was made no later than the date of the reference and contained the same subject matter. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Public Disclosure by Inventor Not Prior Art MPEP 717.01(b) Prohibited Disclosure Must Be Publicly Disclosed by Inventor MPEP 717.01(b) Permitted Disclosure by Inventor Within One Year Not Prior Art MPEP 717 Prohibited Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Affidavit for Disclosure Not Prior Art MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Affidavits or Declarations Required for Pre-AIA Applications MPEP 717.01(b) Affidavits to Disqualify Prior Art Under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717.01(b) Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.130...