When should an affidavit or declaration under 37 CFR 1.130 be filed?

According to MPEP 717.01(f), affidavits or declarations under 37 CFR 1.130 must be timely presented to be admitted. They are considered timely if submitted:

• Prior to a final rejection
• Before appeal in an application not having a final rejection
• After final rejection but before or on the same date of filing an appeal, with a showing of good and sufficient reasons why it’s necessary and wasn’t presented earlier
• After prosecution is closed (e.g. after final rejection, appeal, or allowance) if filed with a request for continued examination (RCE) or continued prosecution application (CPA)

The MPEP states: Affidavits or declarations under 37 CFR 1.130 must be timely presented in order to be admitted.

To learn more:

• affidavit
• declaration
• 37 CFR 1.130
• timing
• submission deadline

To learn more:

• 37 CFR 1.130