How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?

How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?

The primary difference between affidavits or declarations under 37 CFR 1.130 and 37 CFR 1.131 lies in their applicability and purpose. According to MPEP 717.01:

“37 CFR 1.130 affidavits or declarations are not applicable to applications subject to pre-AIA 35 U.S.C. 102. 37 CFR 1.131 affidavits or declarations are only applicable to applications subject to pre-AIA 35 U.S.C. 102.”

In essence:

• 37 CFR 1.130 is used in AIA (America Invents Act) applications to disqualify certain disclosures as prior art or attribute them to the inventor.
• 37 CFR 1.131 is used in pre-AIA applications to show prior invention by the applicant.

This distinction is crucial for determining which type of affidavit or declaration is appropriate based on the application’s filing date and the applicable law.

To learn more:

• 37 CFR 1.130
• 37 CFR 1.131
• affidavit
• declaration
• AIA
• pre-AIA

To learn more:

• 37 CFR 1.130
• 37 CFR 1.131