37 C.F.R. 1.625, Preliminary statement; derivation by an opponent

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1.625 Preliminary statement; derivation by an opponent

(a)

When a party intends to prove derivation by an opponent from the party, the preliminary statement must state the following as to the invention defined by each count:

(1)

The name of the opponent.

(2)

The date on which the first drawing of the invention was made.

(3)

The date on which the first written description of the invention was made.

(4)

The date on which the invention was first disclosed by the inventor to another person.

(5)

The date on which the invention was first conceived by the inventor.

(6)

The date on which the invention was first communicated to the opponent.

(b)

If a party intends to prove priority, the preliminary statement must also comply with 1.623 or 1.624.

(c)

When a party alleges under paragraph (a)(2) of this section that a drawing was made, a copy of the first drawing shall be filed with and identified in the preliminary statement. When a party alleges under paragraph (a)(3) of this section that a written description of the invention was made, a copy of the first written description shall be filed with and identified in the preliminary statement. See 1.628(b) when a first drawing or first written description cannot be filed with the preliminary statement.

[49 FR 48416, Dec. 12, 1984, added effective Feb. 11,1985; para. (a) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

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