This chart illustrates how to use declarations under 37 C.F.R. § 1.130 to invoke an exception to 35 U.S.C. § 102(a) and have a reference disqualified as prior art. This information only applies to an America Invents Act (AIA) patent application, i.e., an application having an effective filing date on or after March 16, 2013.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
