What types of evidence are acceptable for antedating a reference in patent applications?

According to MPEP 715.07, acceptable evidence for antedating a reference can include: Affidavits or declarations from inventors or others with knowledge of the facts Documentary evidence such as drawings, photographs, or other physical exhibits Laboratory notebooks or other contemporaneous records Testimony from witnesses who can corroborate the inventor’s activities The MPEP states: ‘Facts, not conclusions,…

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What is the significance of 37 CFR 1.131(a) affidavits or declarations in establishing invention dates?

37 CFR 1.131(a) affidavits or declarations are important tools for establishing invention dates under pre-AIA law. The MPEP 715.07(c) 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…

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