What is the significance of an affidavit or declaration under 37 CFR 1.131(a) in overcoming a pre-AIA 35 U.S.C. 102(e) rejection?

An affidavit or declaration under 37 CFR 1.131(a) can be used to overcome a pre-AIA 35 U.S.C. 102(e) rejection by proving prior invention. However, it’s important to note that this method has limitations. The MPEP states: “An affidavit or declaration under 37 CFR 1.131(a) can overcome a prior art rejection under pre‑AIA 35 U.S.C. 102(e)…

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What are the limitations of 37 CFR 1.131(a) affidavits in patent applications?

While 37 CFR 1.131(a) affidavits are useful for antedating certain prior art references, they have several important limitations: Statutory Bars: As stated in MPEP 715.01, “An affidavit or declaration under 37 CFR 1.131(a) is not appropriate where the reference is a statutory bar under pre-AIA 35 U.S.C. 102(b).” AIA Applications: These affidavits are not applicable…

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Can a 37 CFR 1.131(a) affidavit be used to overcome all types of prior art references?

No, a 37 CFR 1.131(a) affidavit cannot be used to overcome all types of prior art references. The MPEP 715 outlines specific limitations on the use of these affidavits: U.S. Patents and Applications: Cannot be used against U.S. patents or published applications naming another inventor with an earlier effective filing date. Statutory Bars: Cannot overcome…

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Can a joint inventor make an affidavit or declaration under 37 CFR 1.131(a) alone?

Yes, a joint inventor can make an affidavit or declaration under 37 CFR 1.131(a) alone, but there are specific requirements and considerations. According to MPEP 715.04: ‘When one or more joint inventors of a joint application is available, that available inventor may make the affidavit or declaration under 37 CFR 1.131(a)…. However, even if only…

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What should be included in an affidavit or declaration under 37 CFR 1.131(a) for a joint invention?

For a joint invention, an affidavit or declaration under 37 CFR 1.131(a) should include specific information about the contributions of all inventors. According to MPEP 715.04: ‘Where a party to a joint application is unavailable, the affidavit or declaration under 37 CFR 1.131(a) of the other joint inventor(s) should state the efforts made to obtain…

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What are the formal requirements for affidavits or declarations under 37 CFR 1.131(a)?

The formal requirements for affidavits or declarations under 37 CFR 1.131(a) are outlined in MPEP 715.04. These include: The affidavit or declaration must be properly signed. Statements in the affidavit or declaration must be in the first person. The affiant or declarant must state their relationship to the invention or application. The affidavit or declaration…

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What are the formal requirements for affidavits and declarations under 37 CFR 1.131(a)?

Affidavits and declarations under 37 CFR 1.131(a) must meet specific formal requirements: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer. A declaration, permitted under 37 CFR 1.68, can be used instead of an affidavit. Declarations must include an acknowledgment that willful false statements are punishable…

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