What is an affidavit or declaration under 37 CFR 1.132?

An affidavit or declaration under 37 CFR 1.132 is a form of evidence submitted to traverse rejections or objections in a patent application or reexamination. The MPEP states:

When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section.

This means that when an applicant wants to present evidence to overcome a rejection that doesn’t fit into other specific categories, they must use a 1.132 affidavit or declaration.

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Tags: 37 Cfr 1 132, 37 Cfr 1132, affidavit, declaration, evidence, Patent Objection, Patent Rejection