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Rule 131 and 132 Declarations Eduardo E. Drake Peter Maki Thomas Obermark February 26 2004 2004 Schwegman Lundberg Woessner Kluth P. 132 Affidavits or Declarations Generally can be made by anyone. The MPEP provides no specific categories of affiants or declarants. Not subject to the declarant-restrictions of Rule 131 Uses for Rule 132 Declarations Disqualifying References Traversing 101 Rejections Prior Invention Derivation Attribution Publicati.

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These factors are called “secondary considerations.” They include evidence of: unexpected results, commercial success, long-felt but unsolved needs, failure of others, skepticism of experts, and copying by competitors.

Under 37 CFR 1.130(a), an affidavit or declaration of attribution may be submitted to except a disclosure as prior art because it was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.

In lieu of an affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form: I, (name of person), declare under penalty of law that the foregoing is true and correct.

Rule 132 Declarations are used to submit evidence traversing a rejection. Most often, a Rule 132 Declaration is used to submit comparative test data to show unexpected results or criticality in a claimed range as a basis for patentability.

An oath or declaration must be filed by each inventor in an application and must contain two statements: (1) that the application was made by or authorized to be made by the declarant, and (2) that the declarant believes him- or herself to be the original inventor(s) of the claimed invention.

An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by his or her legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the ...

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232