How can an inventor establish prior invention dates under 37 CFR 1.131(a)?

MPEP 715.07 outlines three ways an inventor can establish prior invention dates under 37 CFR 1.131(a):

1. Actual reduction to practice of the invention prior to the effective date of the reference.
2. Conception of the invention prior to the effective date of the reference, coupled with due diligence from prior to the reference date to a subsequent actual reduction to practice.
3. Conception of the invention prior to the effective date of the reference, coupled with due diligence from prior to the reference date to the filing date of the application (constructive reduction to practice).

The MPEP states: The affidavit or declaration must state FACTS and produce such documentary evidence and exhibits in support thereof as are available to show conception and completion of invention in this country or in a NAFTA or WTO member country, at least the conception being at a date prior to the effective date of the reference.

It’s important to note that mere conception without diligence is not sufficient. The MPEP emphasizes: A conception of an invention, though evidenced by disclosure, drawings, and even a model, is not a complete invention under the patent laws, and confers no rights on an inventor, and has no effect on a subsequently granted patent to another, UNLESS THE INVENTOR FOLLOWS IT WITH REASONABLE DILIGENCE BY SOME OTHER ACT, such as an actual reduction to practice or filing an application for a patent.

To learn more:

• prior invention dates
• 37 CFR 1.131(a)
• reduction to practice
• conception
• due diligence

To learn more:

• 37 CFR 1.131(a)