Course curriculum

  • 1

    Appendix IV Overview

    • Appendix IV Analysis

  • 2

    715 Swearing Behind a Reference — Affidavit or Declaration Under 37 CFR 1.131(a)

    • 715 Swearing Behind a Reference — Affidavit or Declaration Under 37 CFR 1.131(a)

    • 715.01 37 CFR 1.131(a) Affidavits Versus 37 CFR 1.132 Affidavits

    • 715.02 How Much of the Claimed Invention Must Be Shown, Including the General Rule as to Generic Claims

    • 715.03 Genus-Species, Practice Relative to Cases Where Predictability Is in Question

    • 715.04 Who May Make Affidavit or Declaration Under 37 CFR 1.131(a); Formal Requirements of Affidavits and Declarations

    • 715.05 U.S. Patent or Application Publication Claiming Same Invention

    • 715.07 Facts and Documentary Evidence

    • 715.09 Timely Presentation

    • 715.10 Review of Affidavit or Declaration for Evidence of Prior Public Use or Sale or Failure to Disclose Best Mode

  • 3

    716 Affidavits or Declarations Traversing Rejections, 37 CFR 1.132

    • 716 Affidavits or Declarations Traversing Rejections, 37 CFR 1.132

    • 716.01 Generally Applicable Criteria

    • 716.02 Allegations of Unexpected Results

    • 716.03 Commercial Success

    • 716.04 Long-Felt Need and Failure of Others

    • 716.05 Skepticism of Experts

    • 716.06 Copying

    • 716.07 Inoperability of References

    • 716.09 Sufficiency of Disclosure

    • 716.10 Attribution Affidavit or Declaration to Overcome Rejection Under Pre-AIA 35 U.S.C. 102 or 103

  • 4

    717 Prior Art Exceptions under AIA 35 U.S.C. 102(b)(1) and (2)

    • 717.01 Affidavit or Declaration Under 37 CFR 1.130

  • 5

    718 Affidavit or Declaration to Disqualify Commonly Owned Patent as Prior Art, 37 CFR 1.131(c)

    • 718 Affidavit or Declaration to Disqualify Commonly Owned Patent as Prior Art, 37 CFR 1.131(c)

  • 6

    2155 Use of Affidavits or Declarations Under 37 CFR 1.130 To Overcome Prior Art Rejections

    • 2155 Use of Affidavits or Declarations Under 37 CFR 1.130 To Overcome Prior Art Rejections

    • 2155.01 Showing That the Disclosure Was Made by the Inventor or a Joint Inventor

    • 2155.02 Showing That the Subject Matter Disclosed Had Been Previously Publicly Disclosed by the Inventor or a Joint Inventor

    • 2155.03 Showing That the Disclosure was Made, or That Subject Matter had Been Previously Publicly Disclosed, by Another Who Obtained the Subject Matter Disclosed Directly or Indirectly From the Inventor or a Joint Inventor

    • 2155.04 Enablement

    • 2155.05 Who May File an Affidavit or Declaration Under 37 CFR 1.130

    • 2155.06 Situations in Which an Affidavit or Declaration Is Not Available

  • 7

    Appendix IV Quizzes

    • Appendix IV: Disqualify Prior Art Workbook Quiz

    • Appendix IV: Disqualify Prior Art Short Answer