What are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?

Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c): They must be properly signed (37 CFR 1.4). They must include the proper jurat or declaration statement (37 CFR 1.68). They should be free of erasures or interlineations made without initials or written assent of…

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What is the difference between an affidavit under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications?

The key differences between affidavits under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications are: 37 CFR 1.131(a) affidavit: Used to antedate (show prior invention) a reference by proving invention before the effective date of the reference. 37 CFR 1.132 affidavit: Used to show that the relevant portions of the reference originated with…

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What is the difference between 37 CFR 1.131(a) and 37 CFR 1.132 affidavits in patent applications?

The main difference between 37 CFR 1.131(a) and 37 CFR 1.132 affidavits lies in their purpose and timing: 37 CFR 1.131(a) affidavits are used to antedate a reference by showing prior invention. They are typically filed before final rejection. 37 CFR 1.132 affidavits are used for various purposes, including showing unexpected results, commercial success, or…

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What is the difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits?

The main difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits lies in their applicability to different versions of patent law: 37 CFR 1.130(a) declarations are used for applications subject to the first inventor to file provisions of the AIA (America Invents Act). 37 CFR 1.132 affidavits are used for applications subject to…

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How can an applicant demonstrate unexpected results in a 37 CFR 1.132 affidavit?

Demonstrating unexpected results in a 37 CFR 1.132 affidavit can be a powerful way to support patentability. MPEP 716.02 provides guidance on how to effectively present such evidence: ‘Any differences between the claimed invention and the prior art may be expected to result in some differences in properties. The issue is whether the properties differ…

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What is the requirement for comparing claimed subject matter in an affidavit or declaration under 37 CFR 1.132?

An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to effectively rebut a prima facie case of obviousness. As stated in MPEP 716.02(e): “An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective…

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