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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Admissions of Prior Art Cannot Be Overcome by Affidavit MPEP 715 Prohibited Definition of WTO Member Country MPEP 715.07(c) Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Date to Overcome Prior Art Is Effective Date MPEP 715 Affidavit Under 37 CFR 1.131(a) Must Follow Paragraph 7.57.fti MPEP 715 Required Affidavit Not Allowed for Prior Art Under Pre-AIA 102(f) MPEP 715 Prohibited Date of Foreign Patent Availability as Prior Art MPEP 715 Other Related FAQs 5 FAQs Collapse How does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts? What happens if an inventor&#8217;s act occurs in a country that joins NAFTA or WTO after the ac...