Swearing Back of Reference

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Law› Intellectual Property

Patent

Removing a reference (e.g., publication) from the prior art by providing evidence to the USPTO that either (1) conception of the invention occurred prior to the effective date of the reference and the inventor was diligent in reducing the invention to practice from just before the effective date of the reference until reduction to practice occurs or (2) completion of the invention(reduction to practice) occurred before the effective date. MPEP 715, MPEP 706.02(b), MPEP 706.02(k).

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