How does the USPTO handle exhibits submitted with 37 CFR 1.131(a) affidavits?

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.

MPEP 715.07(d) provides guidance on the disposition of exhibits submitted with 37 CFR 1.131(a) affidavits or declarations:

• Exhibits must comply with the requirements of 37 CFR 1.91 to be entered into an application file.
• Exhibits that do not comply with 37 CFR 1.91 will be disposed of or returned to the applicant at the discretion of the Office.

The MPEP states: Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.131(a), must comply with the requirements of 37 CFR 1.91 to be entered into an application file.

It’s important for applicants to ensure their exhibits meet the necessary requirements to avoid potential disposal or return of the materials. For more information on exhibit requirements, refer to MPEP § 608.03(a).