What types of evidence can be used to establish conception in a 37 CFR 1.131(a) affidavit?

When filing a 37 CFR 1.131(a) affidavit to establish conception of an invention, it’s crucial to provide sufficient evidence. The MPEP provides guidance on what constitutes acceptable evidence:

While conception is the mental part of the inventive act, it must be capable of proof, such as by demonstrative evidence or by a complete disclosure to another. Conception is more than a vague idea of how to solve a problem. The requisite means themselves and their interaction must also be comprehended.

This means that inventors should provide concrete evidence that demonstrates a clear and complete understanding of the invention, including how it would work. This could include detailed sketches, written descriptions, or documented discussions with others that show the invention was fully conceived prior to the reference date.

To learn more:

• 37 CFR 1.131(a)
• conception
• evidence
• invention
• patent rejection

To learn more:

• 37 CFR 1.131(a)