What is the purpose of affidavits or declarations under 37 CFR 1.132?

Affidavits or declarations under 37 CFR 1.132 serve to provide evidence to traverse rejections or objections in patent applications. The MPEP 716 states:

‘The purpose of filing affidavits or declarations under 37 CFR 1.132 is to traverse the rejections or objections of record.’

These affidavits or declarations can be used to present various types of evidence, including:

• Unexpected results
• Commercial success
• Long-felt need
• Inoperability of the prior art
• Invention before the date of the reference
• Attribution of the subject matter disclosed

By submitting such evidence, applicants can attempt to overcome rejections or objections made by the patent examiner during the examination process.

To learn more:

• affidavits
• declarations
• 37 CFR 1.132
• evidence
• patent rejections

To learn more:

• 37 CFR 1.132