How should an inventor present facts in an affidavit or declaration under 37 CFR 1.131(a)?

When presenting facts in an affidavit or declaration under 37 CFR 1.131(a), inventors should follow specific guidelines to ensure their evidence is effectively presented. According to MPEP 715.07:

All of the evidence must be presented in a clear and convincing manner. […] The essential thing to be shown under 37 CFR 1.131(a) is priority of invention and this may be done by any satisfactory evidence of the fact.

To present facts effectively:

• Be clear and convincing: Present all evidence in a logical and easy-to-understand manner.
• Focus on priority of invention: Clearly demonstrate that the invention was conceived and reduced to practice before the reference date.
• Provide specific dates: Include precise dates for key events in the invention process.
• Corroborate statements: Support claims with documentary evidence when possible.
• Explain relevance: Clearly relate each piece of evidence to the claimed invention.
• Be comprehensive: Include all relevant facts and evidence to support your case.

Remember, the goal is to present a compelling case that establishes priority of invention in a clear and convincing manner.

To learn more:

• affidavit presentation
• declaration facts
• 37 CFR 1.131(a)
• priority of invention
• clear and convincing evidence

To learn more:

• 37 CFR 1.131(a)