How does the America Invents Act (AIA) affect affidavits and declarations under 37 CFR 1.131(a)?

The America Invents Act (AIA) has significantly impacted the applicability of affidavits and declarations under 37 CFR 1.131(a):

• For applications subject to the first inventor to file provisions of the AIA, 37 CFR 1.131(a) is generally not applicable.
• These affidavits or declarations can still be used to overcome rejections under pre-AIA 35 U.S.C. 102(g).
• For AIA applications, 37 CFR 1.130 provides for affidavits or declarations of attribution or prior public disclosure.

As noted in the MPEP, “This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g).” This highlights the limited applicability of 37 CFR 1.131(a) in the post-AIA era.

To learn more:

• AIA
• America Invents Act
• 37 CFR 1.131(a)
• 37 CFR 1.130
• first inventor to file

To learn more:

• 37 CFR 1.131(a)
• 37 CFR 1.130