Wednesday, February 14 2024   \  Published by JD Supra.

USPTO Releases Guidance on Rule 132 Declarations

USPTO Releases Guidance on Rule 132 Declarations

The U.S. Patent and Trademark Office (USPTO) has released new training materials on “Declaration practice under 37 CFR 1.132 (Rule 132).” The materials were developed under a collaboration initiative with the U.S. Food and Drug Administration (FDA) to guide patent examiners in the evaluation and treatment of Rule 132 declarations. Stakeholders who rely on such declarations may be able to leverage the guidance to strengthen their submissions and make them more persuasive.

Rule 132 Declarations

The term “Rule 132 declarations” refers to declarations and affidavits submitted pursuant to 37 CFR § 1.132, and are discussed in detail in MPEP § 716 As stated in 37 CFR § 1.132, “any evidence submitted to traverse [a] rejection or objection on a basis not otherwise provided for must be by way of…[a] declaration under this section.” This rule allows applicants to present evidence to overcome an examiner’s rejection or objection. Such declarations may be prepared by inventors, experts, or any other individual “who has knowledge of the facts being asserted.” Read more

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