What types of documentary evidence are acceptable for Rule 131 affidavits?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Various types of documentary evidence can be used to support Rule 131 affidavits. The MPEP 715.07 provides guidance on acceptable forms of evidence: Laboratory notebooks Progress reports Invention disclosure documents Sketches or drawings Photographs Models Correspondence discussing the invention The MPEP states, “Documentary evidence may be used to support and explain the contents of affidavits.” It’s important to note that the evidence should be contemporaneous with the alleged dates of conception and reduction to practice. Additionally, any submitted documents should be clearly explained in the affidavit to establish their relevance to the invention’s timeline. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Conception and Reduction to Practice Not Identical in Rule 131 MPEP 715.07 Required Affidavit Must Establish Reduction to Practice Before Filing Date MPEP 715 Required Explain Lack of Reduction to Practice Showing MPEP 715 Required Alleged Reduction to Practice Required MPEP 715 Recommended Explain Lack of Reduction to Practice Showing in Bracket 2 MPEP 715 Required Burden of Showing Reduction to Practice Is on Applicant MPEP 715.07 Affidavit Must Clearly Explain Reduction to Practice MPEP 715.07 Either Diligence or Reduction to Practice Must Be Established MPEP 715 Recommended Requirement for Reduction to Practice After Reference Date MPEP 715 Requirement for Prior Reduction to Practice MPEP 715 Other Related FAQs 5 FAQs Collapse What types of evidence are acceptable for antedating a reference in patent applications? What types of evidence are acceptable for proving prior invention under 37 CFR 1.131? How should an inventor present facts in an affidavit ...