What is the significance of 37 CFR 1.131(a) affidavits or declarations in establishing invention dates?

37 CFR 1.131(a) affidavits or declarations are important tools for establishing invention dates under pre-AIA law. The MPEP 715.07(c) states:

“The 37 CFR 1.131(a) affidavit or declaration must contain an allegation that the acts relied upon to establish the date prior to the reference or activity were carried out in this country or in a NAFTA country or WTO member country.”

These affidavits or declarations allow applicants or patent owners to establish a date of completion of the invention in the United States, NAFTA countries, or WTO member countries. This is particularly important when trying to overcome prior art references or activities by proving an earlier invention date.

However, it’s crucial to note that the dates for establishing invention completion cannot be earlier than December 8, 1993 for NAFTA countries or January 1, 1996 for WTO member countries (other than NAFTA countries).

To learn more:

• 37 CFR 1.131(a)
• affidavits
• declarations
• invention date
• pre-AIA

To learn more:

• 37 CFR 1.131(a)