What evidence is required in a 37 CFR 1.131(a) affidavit or declaration?

A 37 CFR 1.131(a) affidavit or declaration must include evidence that demonstrates prior invention. The MPEP provides guidance on the required evidence:

‘The evidence submitted with a 37 CFR 1.131(a) affidavit or declaration must demonstrate that the inventor or at least one joint inventor had possession of either the whole invention claimed or something falling within the claim (such as a species of a claimed genus), in the sense that the claim as a whole reads on it.’

This evidence typically includes:

• Dates of invention: Specific dates showing conception and reduction to practice
• Documentation: Sketches, drawings, or descriptions of the invention
• Diligence: Evidence of continuous diligence from conception to reduction to practice
• Corroboration: Independent evidence supporting the inventor’s statements

The evidence must be sufficient to establish prior invention of the entire claimed subject matter or a species that falls within the scope of the claim.

To learn more:

• evidence
• 37 CFR 1.131(a)
• affidavit
• declaration
• prior invention

To learn more:

• 37 CFR 1.131(a)