Can acts performed in non-NAFTA/WTO countries be used in a 37 CFR 1.131 affidavit?

Can acts performed in non-NAFTA/WTO countries be used in a 37 CFR 1.131 affidavit?

No, acts performed in non-NAFTA/WTO countries cannot be used in a 37 CFR 1.131 affidavit. The MPEP 715.07(c) clearly states:

“The provisions of 35 U.S.C. 104 and 37 CFR 1.131(a) specifically refer to acts which occurred in a NAFTA or WTO member country. These provisions do not apply to acts occurring in a non-NAFTA or non-WTO member country.”

This means that inventors can only rely on acts that occurred in the United States, a NAFTA country, or a WTO member country when submitting an affidavit or declaration under 37 CFR 1.131. Acts performed in other countries cannot be used to establish a date of invention for the purpose of overcoming a prior art reference.

To learn more:

• 37 CFR 1.131
• affidavit
• non-NAFTA countries
• non-WTO countries
• patent examination

To learn more:

• 37 CFR 1.131