What is the difference between a 37 CFR 1.131 affidavit and a 37 CFR 1.132 affidavit?

The main difference between a 37 CFR 1.131 affidavit and a 37 CFR 1.132 affidavit lies in their purpose and when they are appropriate to use:

• 37 CFR 1.131 affidavit: Used to antedate a reference by proving prior invention. It is appropriate when the reference describes an invention by someone other than the applicant.
• 37 CFR 1.132 affidavit: Used when the reference describes the applicant’s own work. As stated in the MPEP, “An affidavit or declaration under 37 CFR 1.131 is not appropriate if the reference describes an inventor’s or at least one joint inventor’s own work. In this case, applicant must submit an affidavit or declaration under 37 CFR 1.132.“

It’s crucial to choose the correct type of affidavit based on the circumstances of your case. For more information on 37 CFR 1.132 affidavits, refer to MPEP § 716.

To learn more:

• 37 CFR 1.131 affidavit
• 37 CFR 1.132 affidavit
• antedating
• prior invention
• inventor’s own work