What is the significance of the grace period in evaluating declarations under 37 CFR 1.130(b)?

What is the significance of the grace period in evaluating declarations under 37 CFR 1.130(b)?

The grace period is crucial when evaluating declarations under 37 CFR 1.130(b). As explained in MPEP 717.01(b)(1):

“If the declaration provides sufficient evidence that the publicly disclosed subject matter was publicly disclosed 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 within the grace period as defined under 35 U.S.C. 102(b)(1), and the reference is not to a statutory bar, then the rejection should be withdrawn.”

Key points about the grace period:

• It extends one year prior to the effective filing date of the claimed invention
• Disclosures made within this period by the inventor or derived from the inventor may not be used as prior art
• The declaration must show that the public disclosure occurred within this grace period
• If successful, the rejection based on the reference should be withdrawn

Understanding the grace period is essential for both applicants preparing declarations and examiners evaluating them under 37 CFR 1.130(b).

To learn more:

• 37 CFR 1.130(b)
• grace period
• declaration evaluation
• public disclosure
• 35 U.S.C. 102(b)(1)

To learn more:

• 37 CFR 1.130(b)
• 35 U.S.C. 102(b)(1)