What must be shown in a 37 CFR 1.131(a) affidavit or declaration?

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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. A 37 CFR 1.131(a) affidavit or declaration must establish possession of either the whole invention claimed or something falling within the claim. According to MPEP 715.02 : The 37 CFR 1.131(a) affidavit or declaration must establish possession of either the whole invention claimed or something falling within the claim (such as a species of a claimed genus), in the sense that the claim as a whole reads on it. This means that the affidavit or declaration should demonstrate that the inventor had completed the invention or a significant part of it before the effective date of the reference being antedated. 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 37 CFR 1.131(a) Affidavit Must Establish Invention Possession MPEP 715.02 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 Date to Overcome Prior Art Is Effective Date MPEP 715 Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit Must Establish Conception and Diligence MPEP 715 Recommended Patent Application Publications as Prior Art MPEP 715 Permitted Affidavit Must Establish Basic Invention Possession MPEP 715.02 Affidavit Must Establish Reduction to Practice Before Filing Date MPEP 715 Required Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.131(a) affidavit be sufficient if it doesn&#8217;t show the identical disclosure of the reference? How does MPEP 715.02 address the requirement for showing generic claims in prior art rejection...