What are the geographical limitations for acts relied upon in a 37 CFR 1.131(a) affidavit?

MPEP 715.07(c) outlines the geographical limitations for acts relied upon in a 37 CFR 1.131(a) affidavit or declaration. According to pre-AIA 35 U.S.C. 104:

• Acts must have been carried out in the United States, a NAFTA country, or a WTO member country.
• For NAFTA countries, acts can be relied upon if they occurred on or after December 8, 1993.
• For WTO member countries (other than NAFTA countries), acts can be relied upon if they occurred on or after January 1, 1996.

The MPEP states: The 37 CFR 1.131(a) affidavit or declaration must contain an allegation that the acts relied upon to establish the date prior to the reference or activity were carried out in this country or in a NAFTA country or WTO member country.

It’s important to note: Acts occurring prior to the effective dates of NAFTA or URAA may be relied upon to show completion of the invention; however, a date of completion of the invention may not be established under 37 CFR 1.131(a) before December 8, 1993 in a NAFTA country or before January 1, 1996 in a WTO country other than a NAFTA country.

To learn more:

• geographical limitations
• 37 CFR 1.131(a)
• NAFTA
• WTO
• pre-AIA 35 U.S.C. 104

To learn more:

• 37 CFR 1.131(a)
• pre-AIA 35 U.S.C. 104