How does a 37 CFR 1.130 affidavit or declaration differ from a 37 CFR 1.131 affidavit?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The key difference between a 37 CFR 1.130 affidavit or declaration and a 37 CFR 1.131 affidavit lies in their purpose and application. As explained in MPEP 717.01 : 37 CFR 1.130 is not the proper way to assert that the relevant disclosure is not prior art under pre-AIA 35 U.S.C. 102(a) because the disclosure was by the applicant himself or herself, or the inventive entity. […] Such assertions should be made in 37 CFR 1.131 affidavits or declarations. In essence: 37 CFR 1.130 affidavit or declaration : Used to disqualify a disclosure as prior art by showing it was made by or derived from the inventor(s) under AIA provisions. 37 CFR 1.131 affidavit : Used to antedate a reference by showing prior invention under pre-AIA provisions. Understanding this distinction is crucial for patent applicants and practitioners in choosing the appropriate type of affidavit for their specific situation. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavits or Declarations Under AIA Provisions Required MPEP 717.01 Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Affidavit for Disclosure Not Prior Art MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Co-Worker Patents Not Prior Art Under AIA MPEP 717 Determination of Prior Art Date for AIA 35 U.S.C. 102(a)(1) MPEP 717.01 Disclosure Not Prior Art Cannot Be Used In Rejection MPEP 717.01 Disqualify Disclosure as Prior Art by Inventor's Public Disclosure MPEP 717.01 Permitted Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Other Related FAQs 5 FAQs Collapse How does MPEP 715.01(a) handle references with a common assignee but di...