What is the purpose of a 37 CFR 1.131(a) affidavit or declaration?

The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C. 102 or 103. This is done by proving invention of the claimed subject matter by the inventor or at least one joint inventor prior to the effective date of the reference or activity relied upon in the rejection.

As stated in MPEP 715.01: The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C. 102 or 103 by proving invention of the claimed subject matter by the inventor or at least one joint inventor prior to the effective date of the reference or activity relied upon in the rejection.

To learn more:

• 37 CFR 1.131(a)
• affidavit
• declaration
• prior art rejection
• pre-AIA 35 U.S.C. 102
• pre-AIA 35 U.S.C. 103

To learn more:

• 37 CFR 1.131(a)
• pre-AIA 35 U.S.C. 102
• pre-AIA 35 U.S.C. 103