How does a declaration under 37 CFR 1.130(a) differ from one under 37 CFR 1.132?
How does a declaration under 37 CFR 1.130(a) differ from one under 37 CFR 1.132?
A declaration under 37 CFR 1.130(a) is specifically used for attribution purposes to disqualify a disclosure as prior art, while a declaration under 37 CFR 1.132 is more general and can be used for various purposes, including showing unexpected results or commercial success. The MPEP 717.01(a) states:
“The provision of 37 CFR 1.130(a) is not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention. Use form paragraph 7.68.aia (reproduced in MPEP § 717.01(b)) to remind applicant that the provisions of 37 CFR 1.130(a) are not available if the disclosure was made more than one year before the effective filing date of the claimed invention.”
This highlights that 1.130(a) declarations have specific timing requirements related to the AIA grace period, which is not a consideration for 1.132 declarations.
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