What are the timing limitations for using a 37 CFR 1.130(b) declaration?

There are important timing limitations to consider when using a declaration under 37 CFR 1.130(b). According to MPEP 717.01(b):

‘The provisions of 37 CFR 1.130(b) are not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention.’

This means:

• The declaration can only be used for disclosures made less than one year before the effective filing date of the claimed invention.
• If the disclosure was made more than one year before the effective filing date, 37 CFR 1.130(b) cannot be used to overcome the rejection.

It’s crucial for applicants to be aware of these timing limitations when considering the use of a 37 CFR 1.130(b) declaration to overcome a prior art rejection.

To learn more:

• 37 CFR 1.130(b)
• declaration timing
• one-year limitation
• effective filing date

To learn more:

• 37 CFR 1.130(b)