37 CFR 1.132 - Affidavits or declarations traversing rejections or objections
| Cite as | 37 CFR 1.132 |
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2425 practice notes
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Patent cases: Patent business goals; implementation,
...facie case of unpatentability of the identified claim. For example, a request for a review of whether affidavits or declarations under 37 CFR 1.132 overcome a prima facie case of unpatentability would exceed the limits of the limited pre-brief review under The limited review would focus on ......
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Practice and procedure:
Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
...an opportunity to suggest presentation of affidavit, e.g., an antedating affidavit under 37 CFR 1.131, or comparative test results under 37 CFR 1.132. Accordingly, the practitioner may not report an Office action to the inventor-client until after a response has been prepared and filed. Thi......
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Part II
...an opportunity to suggest presentation of affidavit, e.g., an antedating affidavit under 37 CFR 1.131, or comparative test results under 37 CFR 1.132. Accordingly, the practitioner may not report an Office action to the inventor-client until after a response has been prepared and filed. Thi......
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Changes To Implement the First Inventor To File Provisions of the Leahy-Smith America Invents Act
...inventor of an application. The requirements of these provisions are comparable to requirements for affidavits and declarations under 37 CFR 1.132 for an applicant to show that a prior art disclosure is the applicant's own work (see case law cited in MPEP sections 716.10 and 2132.01) or tha......
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2404 cases
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Jeneric/Pentron, Inc. v. Dillon Company, Inc., No. 3:98cv818(EBB) (D. Conn. 8/27/2001), No. 3:98cv818(EBB).
...testified during the original litigation over the `791 Patent), dated February 23, 1999 [hereinafter "Sisson Declaration"], pursuant to 37 C.F.R. § 1.132. The IDS disclosed that Plaintiff/Applicant was party to litigation against Defendants in a patent infringement action concerning the `79......
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Pfizer Inc. v. Teva Pharms. U.S.A., Inc., C.A. No. 09–cv–307 (GMS).
...Dr. Kupferberg, testified that the anticonvulsant test data the plaintiffs submitted in the application and in declarations filed under 37 CFR § 1.132 relied on “flawed procedures” and were “imprecise” and/or “meaningless.” ( Id., (citing Tr. at 791:20–792:4, 819:10–24, 849:1–12 (Kupferberg......
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Jeneric/Pentron v. Dillon Company, Chemichl Inc., No. 3:98CV818 (EBB).
...testified during the original litigation over the '791 Patent), dated February 23, 1999 [hereinafter "Sisson Declaration"], pursuant to 37 C.F.R. § 1.132. The IDS disclosed that Plaintiff/Applicant was party to litigation against Defendants in a patent infringement action concerning the '79......
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Canady v. Erbe Elektromedizin Gmbh, No. CIV.A. 96-2012(RMU).
...for reexamination and the PTO's decision to grant that request. Id. Plaintiff Canady submitted to the PTO a self-declaration under 37 C.F.R. § 1.132 supporting his position that no substantial questions of patentability were raised by the references submitted by the defendants. Id. On Janua......
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22 firm's commentaries
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IP Update, Vol. 15, No. 4, April 2012
...which require only a limited amount of further consideration or search. The response comprises a perfected 37 C.F.R. § 1.131 or 37 C.F.R. § 1.132 affidavit or declaration (i.e., a new declaration that corrects formal defects noted in a prior affidavit or declaration) which can be determined......
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Patent Applicants Can Submit New Evidence to the District Court in Civil Actions Under §145 (IP Update, Vol. 15, No. 4, April 2012 - Part 1)
...which require only a limited amount of further consideration or search. The response comprises a perfected 37 C.F.R. § 1.131 or 37 C.F.R. § 1.132 affidavit or declaration (i.e., a new declaration that corrects formal defects noted in a prior affidavit or declaration) which can be determined......
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PTAB Appellants May Improve Outcomes By Filing Supplemental Expert Declarations
...Supplemental Brief under MPEP § 1205.02, citing Berkheimer as new authority and including factual evidence, such as a declaration under 37 C.F.R. § 1.132 explaining why one of ordinary skill in the art would view updating a corpus based on threaded online discussions as not being well-under......
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October 2019 Patent Eligibility Guidance Update
...Update indicates that the burden shifts to the applicant to prove patentability. The applicant may respond by submitting evidence under 37 C.F.R § 1.132, such as a declaration providing testimony on how one of ordinary skill in the art would interpret the disclosed invention as improving te......
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2 books & journal articles
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Are We Living in a Material World?: An Analysis of the Federal Circuit's Materiality Standard Under the Patent Doctrine of Inequitable Conduct
...concealment of a best mode for an invention coupled with the disclosure of a false mode constituted inequitable conduct). See 37 C.F.R. § 1.132 (2006) ("[A]ny evidence submitted [in response to a PTO objection or rejection] must be by way of an oath or declaration . . . ."); CHISUM, supra n......
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Human stem cells patents—Emerging issues and challenges in Europe, United States, China, and Japan
...art elements wouldnot be able to arrive at the claimed invention (Davidson & Myles, 2008).336|WONG AND MAHALATCHIMY Declaration under 37 C.F.R. §1.132 could be an effective tool to traverse the obviousness rejection byvirtue ofobjective expert's opinion and/or evidence (Messinger & Van Horn......