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

A 37 CFR 1.131(a) affidavit or declaration must provide evidence that the inventor completed the invention before the effective date of the prior art reference. The MPEP 715 outlines the required evidence:

• Reduction to practice: Proof that the invention was actually reduced to practice before the effective date of the reference.
• Conception and diligence: Evidence of conception of the invention prior to the effective date of the reference, coupled with due diligence from prior to the reference date to the subsequent reduction to practice.
• Conception: Proof of conception of the invention prior to the effective date of the reference, combined with evidence of diligence until the filing of the patent application.

The MPEP states:

‘The 37 CFR 1.131(a) affidavit or declaration must establish 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.’

It’s important to note that the evidence must be corroborated and should clearly show that the invention was completed prior to the reference date.

To learn more:

• 37 CFR 1.131(a)
• evidence
• reduction to practice
• conception
• diligence

To learn more:

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