What types of affidavits or declarations are commonly filed in patent applications?

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.

Common types of affidavits or declarations filed in patent applications include those submitted under specific sections of the Code of Federal Regulations. As mentioned in MPEP ¶ 2.03, these include:

• 37 CFR 1.130: Declarations of attribution or prior public disclosure under the AIA
• 37 CFR 1.131: Affidavits of prior invention to overcome cited patents or publications
• 37 CFR 1.132: Affidavits or declarations traversing rejections or objections

These affidavits or declarations serve various purposes in patent prosecution, such as establishing inventorship, overcoming prior art, or addressing examiner rejections.

For more information on patent prosecution, visit: patent prosecution.