Can a 37 CFR 1.131(a) affidavit be used to overcome a statutory bar?

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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. No, a 37 CFR 1.131(a) affidavit or declaration cannot be used to overcome a statutory bar. This limitation is explicitly stated in MPEP 715 : 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) because no affidavit or declaration can be used to overcome a statutory bar. Statutory bars, such as those under 35 U.S.C. 102(b), include public use or sale of the invention more than one year before the filing date. These bars cannot be overcome by showing earlier invention, as they are based on policy considerations beyond mere priority of invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Admissions of Prior Art Cannot Be Overcome by Affidavit MPEP 715 Prohibited Rejection Based on Statutory Bar Prohibits Prior Invention Declaration MPEP 715 Date to Overcome Prior Art Is Effective Date MPEP 715 Affidavit Under 37 CFR 1.131(a) Must Follow Paragraph 7.57.fti MPEP 715 Required Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 Prior Publication Before Filing Date Can Be Used as Reference MPEP 715 Other Related FAQs 5 FAQs Collapse Can an inventor use a 37 CFR 1.131(a) affidavit to overcome a rejection based on a commonly owned patent or application? What must be shown in a 37 CFR 1.131(a) affidavit...