MPEP § 715.09 — Timely Presentation (Annotated Rules)
§715.09 Timely Presentation
This page consolidates and annotates all enforceable requirements under MPEP § 715.09, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Timely Presentation
This section addresses Timely Presentation. Primary authority: 37 CFR 1.131(a). Contains: 1 requirement and 1 other statement.
Key Rules
Continued Prosecution Applications
Affidavits or declarations under 37 CFR 1.131(a) must be timely presented in order to be admitted. Affidavits and declarations submitted under 37 CFR 1.131(a) and other evidence traversing rejections are considered timely if submitted:
- (A) prior to a final rejection;
- (B) before appeal in an application not having a final rejection;
- (C) after final rejection, but before or on the same date of filing an appeal, upon a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier presented in compliance with 37 CFR 1.116(e); or
- (D) after the prosecution is closed (e.g., after a final rejection, after appeal, or after allowance) if applicant files the affidavit or other evidence with a request for continued examination (RCE) under 37 CFR 1.114 in a utility or plant application filed on or after June 8, 1995; or a continued prosecution application (CPA) under 37 CFR 1.53(d) in a design application.
Affidavits or declarations under 37 CFR 1.131(a) must be timely presented in order to be admitted. Affidavits and declarations submitted under 37 CFR 1.131(a) and other evidence traversing rejections are considered timely if submitted:
…
(D) after the prosecution is closed (e.g., after a final rejection, after appeal, or after allowance) if applicant files the affidavit or other evidence with a request for continued examination (RCE) under 37 CFR 1.114 in a utility or plant application filed on or after June 8, 1995; or a continued prosecution application (CPA) under 37 CFR 1.53(d) in a design application.
Ex Parte Appeals to PTAB
For affidavits or declarations under 37 CFR 1.131(a) filed after appeal, see 37 CFR 41.33(d) and MPEP § 1206 and § 1211.03.
PTAB Jurisdiction
Review of an examiner’s refusal to enter an affidavit as untimely is by petition and not by appeal to the Patent Trial and Appeal Board. In re Deters, 515 F.2d 1152, 185 USPQ 644 (CCPA 1975); Ex parte Hale, 49 USPQ 209 (Bd. App. 1941). See MPEP § 715.08 regarding review of questions of propriety of 37 CFR 1.131(a) affidavits and declarations.
Citations
| Primary topic | Citation |
|---|---|
| Continued Prosecution Applications | 37 CFR § 1.114 |
| Continued Prosecution Applications | 37 CFR § 1.116(e) |
| Continued Prosecution Applications Ex Parte Appeals to PTAB PTAB Jurisdiction | 37 CFR § 1.131(a) |
| Continued Prosecution Applications | 37 CFR § 1.53(d) |
| Ex Parte Appeals to PTAB | 37 CFR § 1211.03 |
| Ex Parte Appeals to PTAB | 37 CFR § 41.33(d) |
| Ex Parte Appeals to PTAB | MPEP § 1206 |
| PTAB Jurisdiction | MPEP § 715.08 |
| PTAB Jurisdiction | In re Deters, 515 F.2d 1152, 185 USPQ 644 (CCPA 1975) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 715.09 — Timely Presentation
Source: USPTO715.09 Timely Presentation [R-11.2013]
Affidavits or declarations under 37 CFR 1.131(a) must be timely presented in order to be admitted. Affidavits and declarations submitted under 37 CFR 1.131(a) and other evidence traversing rejections are considered timely if submitted:
- (A) prior to a final rejection;
- (B) before appeal in an application not having a final rejection;
- (C) after final rejection, but before or on the same date of filing an appeal, upon a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier presented in compliance with 37 CFR 1.116(e); or
- (D) after the prosecution is closed (e.g., after a final rejection, after appeal, or after allowance) if applicant files the affidavit or other evidence with a request for continued examination (RCE) under 37 CFR 1.114 in a utility or plant application filed on or after June 8, 1995; or a continued prosecution application (CPA) under 37 CFR 1.53(d) in a design application.
All admitted affidavits and declarations are acknowledged and commented upon by the examiner in his or her next succeeding action.
For affidavits or declarations under 37 CFR 1.131(a) filed after appeal, see 37 CFR 41.33(d) and MPEP § 1206 and § 1211.03.
Review of an examiner’s refusal to enter an affidavit as untimely is by petition and not by appeal to the Patent Trial and Appeal Board. In re Deters, 515 F.2d 1152, 185 USPQ 644 (CCPA 1975); Ex parte Hale, 49 USPQ 209 (Bd. App. 1941). See MPEP § 715.08 regarding review of questions of propriety of 37 CFR 1.131(a) affidavits and declarations.