Patent Law FAQ

If you wish to appeal the merits of a 37 CFR 1.130 affidavit or declaration, the process is specified in MPEP 717.01(e):

Review on the merits of a 37 CFR 1.130 affidavit or declaration is by appeal to the Patent Trial and Appeal Board. See MPEP § 1201.

This means that if you disagree with the examiner’s decision regarding the substance or merits of your affidavit or declaration, you can appeal this decision to the Patent Trial and Appeal Board (PTAB). The process for such appeals is detailed in MPEP § 1201.

To learn more:

• affidavits
• declarations
• 37 CFR 1.130
• appeal process
• Patent Trial and Appeal Board

To learn more:

• 37 CFR 1.130