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10 Cards in this Set
- Front
- Back
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What is the code cite for the declaration that a disclosure is not prior art because it was made by the (joint) inventor or party who derived the subject matter either directly or indirectly from the (joint) inventor |
37 CFR 1.130(a) |
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What is the code cite for the declaration that an intervening disclosure is not prior art if a) the (joint) inventor had disclosed the subject matter before the intervening disclosure or b) had disclosed the subject matter before the effective filing date of the intervening disclosure |
37 CFR 1.130(b) |
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Is it enough for an inventor to say they invented a prior art disclosure that also has other inventors? |
No - there must be a reasonable explanation of why there are other inventors |
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When filing a 37 CFR 1.130(b) declaration, what must the inventor do to support their claims? |
They must provide a printed publication showing the prior disclosure was the same as the intervening disclosure or language of sufficient detail and particularity to determine whether the prior disclosure was the same and predated the intervening disclosure |
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Let's say that an inventor publicly disclosed an invention during the grace period. What is needed to be produced to dispatch an intervening party's disclosure |
The (joint) inventor must show communications with the intervening party that demonstrate the intervening party got the disclosure directly or indirectly from the (joint) inventor |
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What are the two ways 37 CFR 1.130(a) inventors can disqualify otherwise prior art? |
1) declaration that says the prior art came from the (joint) inventor 2) declaration that says the intervening party derived the disclosure directly or indirectly from the (joint) inventor |
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What is the way 37 CFR 1.130 (b) used to disqualify otherwise prior art? |
The (joint) inventor must declare that it or some party that derived the subject matter directly or indirectly from it disclosed the subject matter before the intervening party made its disclosure or filed the disclosure |
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What does the inventor need not prove in 37 1.130 declarations? |
Enablement |
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Who must sign the 37 CFR 1.130 declarations? Who must file the declaration? |
a) Inventor b) the party (inventor, assignee, etc.) who filed the application |
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What can inventor not use a 37 CFR 1.130 declaration for: |
1) Escape double patenting rejection 2) Disclosure was made more than one year before effective filing date of claimed inventin 3) Escape restriction requirement |
