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37 CFR Section 1.76: Application data sheet. ... contained in an application data sheet may be corrected as provided in paragraph (c)(1) of this section.

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How to fill out the USPTO PTO/AIA/01 online

Filling out the USPTO PTO/AIA/01 form is essential for declaring inventorship in utility or design patent applications. This guide will provide you with clear, step-by-step instructions to help ensure that the process is smooth and efficient.

Follow the steps to successfully complete the form online.

  1. Press the ‘Get Form’ button to access the PTO/AIA/01 form and open it for editing.
  2. Enter the title of your invention in the designated field. This should be a clear and concise title that describes your invention.
  3. In the section for the declaration, indicate whether this declaration is attached to an application or provide the application or PCT international application number along with the filing date.
  4. Acknowledge your role by confirming that you are the original inventor or an original joint inventor of the claimed invention present in this application.
  5. Review the warning about submitting personal information and ensure that no sensitive information is included in the form.
  6. Fill out the legal name of the inventor in the provided space.
  7. Optionally, you may include the date of completion in the designated field.
  8. Sign the declaration where indicated to verify your acknowledgment of the information provided, and ensure your signature is clear.
  9. If there are additional inventors, use another PTO/AIA/01 form for each one, ensuring their names and signatures are included.
  10. Finally, save your changes. You can download, print, or share the completed form as necessary.

Complete your documents online today for a hassle-free submission!

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• 1.132 Declarations to rebut a prima facie case of obviousness, e.g., showing unexpected properties over the art, must. compare the claimed subject matter with the closest prior art to be effective. See MPEP 716.02(e) citing In re Burckel, 592 F. 2d 1175, 201 USPQ 67 (CCPA 1979).

I believe that I am the original inventor or an original joint inventor of a claimed invention in the application. I hereby acknowledge that any willful false statement made in this declaration is punishable under 18 U.S.C. 1001 by fine or imprisonment of not more than five (5) years, or both.

On March 16, 2013, U.S. patent law will transition from a “first to invent” patent system to a “first to file” patent system. The current “first to invent” system is intended to award patents to the first person to invent a claimed invention—even if a later inventor beats the first inventor to the patent office.

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 ...

102(b). 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.

403 Correspondence — With Whom Held; Customer Number Practice [R-07.2022] 37 CFR 1.33 states that when an attorney or agent has been duly appointed to prosecute an application, correspondence will be held with the attorney or agent unless some other correspondence address has been given.

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.

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.

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