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§ 1.629 Effect of preliminary statement. - PATENT RULES
§ 1.629 Effect of preliminary statement.
(a) A party shall be strictly held to any date alleged in the preliminary statement. Doubts as to definiteness or sufficiency of any allegation in a preliminary statement or compliance with formal requirements will be resolved against the party filing the statement by restricting the party to its effective filing date or to the latest date of a period alleged in the preliminary statement, as may be appropriate. A party may not correct a preliminary statement except as provided by § 1.628.
(b) Evidence which shows that an act alleged in the preliminary statement occurred prior to the date alleged in the statement shall establish only that the act occurred as early as the date alleged in the statement.
(c) If a party does not file a preliminary statement, the party:
(1) Shall be restricted to the party's effective filing date and
(2) Will not be permitted to prove that:
(i) The party made the invention prior to the party's filing date or
(ii) Any opponent derived the invention from the party.
(d) If a party files a preliminary statement which contains an allegation of a date of first drawing or first written description and the party does not file a copy of the first drawing or written description with the preliminary statement as required by § 1.623(c), § 1.624(c), or § 1.625(c), the party will be restricted to the party's effective filing date as to that allegation unless the party complies with § 1.628(b). The content of any drawing or written description submitted with a preliminary statement will not normally be evaluated or considered by the Board.
(e) A preliminary statement shall not be used as evidence on behalf of the party filing the statement.
[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; paras. (a), (c)(1) & (d) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]
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