What is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) serves to overcome a cited prior art reference by establishing that the inventor(s) completed the invention before the effective date of the reference. The MPEP states: ‘The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C.…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
The purpose of an affidavit or declaration under 37 CFR 1.131(a) is to overcome a prior art reference by establishing that the inventor(s) completed the invention before the effective date of the reference. This is commonly known as ‘swearing behind’ a reference. According to MPEP 715: The purpose of a 37 CFR 1.131(a) affidavit or…
Read MoreWhat is the purpose of a 37 CFR 1.131(a) affidavit or declaration?
The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C. 102 or 103. This is done by proving invention of the claimed subject matter by the inventor or at least one joint inventor prior to the effective date of the reference or activity relied…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.131(a)?
An affidavit or declaration under 37 CFR 1.131(a) serves to establish that the inventor or at least one joint inventor had possession of the subject matter of the rejected claim before the effective date of the reference or activity on which the rejection is based. The MPEP states: ‘The purpose of a 37 CFR 1.131(a)…
Read MoreWhat evidence can be submitted to show prior invention under 37 CFR 1.131(a)?
According to MPEP 715.07, evidence to show prior invention under 37 CFR 1.131(a) can include: Attached sketches Attached blueprints Attached photographs Attached reproductions of notebook entries An accompanying model Attached supporting statements by witnesses Testimony given in an interference Documents submitted under the Disclosure Document Program (discontinued February 1, 2007) The MPEP states: Evidence in…
Read MoreWhat types of prior art can be overcome with a 37 CFR 1.131(a) affidavit?
An affidavit or declaration under 37 CFR 1.131(a) can be used to overcome certain types of prior art rejections. Specifically, it can be used to overcome rejections based on: Pre-AIA 35 U.S.C. 102(a) references Pre-AIA 35 U.S.C. 102(e) references MPEP 715 states: 37 CFR 1.131(a) affidavits are applicable to overcome rejections under pre-AIA 35 U.S.C.…
Read MoreWho decides on the sufficiency of affidavits under 37 CFR 1.131(a)?
According to MPEP 715.08, the primary examiner is responsible for reviewing and deciding on the sufficiency of affidavits or declarations under 37 CFR 1.131(a). The MPEP states: The question of sufficiency of affidavits or declarations under 37 CFR 1.131(a) should be reviewed and decided by a primary examiner. This means that the primary examiner has…
Read MoreHow should an inventor present facts in an affidavit or declaration under 37 CFR 1.131(a)?
When presenting facts in an affidavit or declaration under 37 CFR 1.131(a), inventors should follow specific guidelines to ensure their evidence is effectively presented. According to MPEP 715.07: All of the evidence must be presented in a clear and convincing manner. […] The essential thing to be shown under 37 CFR 1.131(a) is priority of…
Read MoreWhat countries are considered for establishing a date of invention under pre-AIA 35 U.S.C. 104?
Under pre-AIA 35 U.S.C. 104, an applicant or patentee can establish a date of invention by referencing knowledge, use, or other activity in the United States, NAFTA countries, or WTO member countries. The MPEP states: “Under 37 CFR 1.131(a), which provides for the establishment of a date of completion of the invention in a NAFTA…
Read MoreWhat are the requirements for exhibits filed with affidavits or declarations in patent applications?
Exhibits filed as part of affidavits or declarations in patent applications must comply with specific requirements. According to MPEP 715.07(d), “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.” This means that…
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