Can affidavits be used in inter partes reexamination?
Yes, affidavits can be used in inter partes reexamination proceedings. The MPEP states: “Affidavits under 37 CFR 1.131(a) and 1.132 may be utilized in a reexamination proceeding.” However, there are limitations on the use of certain types of affidavits: “Note, however, that an affidavit under 37 CFR 1.131(a) may not be used to ‘swear behind’…
Read MoreHow can a 37 CFR 1.131 affidavit affect the on-sale bar determination?
A 37 CFR 1.131 affidavit, commonly used to swear behind a reference, can inadvertently affect the on-sale bar determination. The MPEP warns: Affidavits or declarations submitted under 37 CFR 1.131 to swear behind a reference may constitute, among other things, an admission that an invention was “complete” more than 1 year before the filing of…
Read MoreWhat is ‘swearing behind’ a reference?
‘Swearing behind’ a reference refers to the process of filing an affidavit or declaration under 37 CFR 1.131(a) to overcome a rejection in certain patent applications. This process allows an applicant or patent owner to establish a date of completion of the invention prior to the effective date of a reference used in a rejection.…
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 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)?
An affidavit or declaration under 37 CFR 1.131(a) serves the purpose of overcoming a prior art reference by establishing that the inventor completed the invention before the effective date of the reference. This is commonly known as ‘swearing behind’ a reference. The MPEP states: ‘The purpose of a 37 CFR 1.131(a) affidavit or declaration is…
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 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 More