Can affidavits or declarations accompany a 37 CFR 1.501 submission?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. Yes, affidavits or declarations can accompany a 37 CFR 1.501 submission. According to MPEP 2205 : “ Affidavits or declarations or other written evidence relating to the submitted documents may accompany the 37 CFR 1.501 submission to explain the contents or pertinent dates in more detail. “ Examples of acceptable accompanying documents include: A commercial success affidavit tied to a particular document An affidavit of nonobviousness An affidavit questioning the enablement of the teachings of the cited prior art These additional documents can provide context and support for the submitted prior art or written statements, helping to explain their relevance to the patent’s claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Explanation of Cited Prior Art and Written Statements Must Be Provided MPEP 2205 Required Copies of Section 301 Written Statements Required for Patent Files Inspection MPEP 2205 Required Commercial Success Affidavit for Nonobviousness MPEP 2205 Permitted Affidavits for Explaining Contents or Dates MPEP 2205 Permitted Explanation of Cited Prior Art Needed MPEP 2205 Required Copies of Cited Prior Art Must Be Included MPEP 2205 Permitted Patent Owner Can File Affidavit of Commercial Success or Enablement Question MPEP 2205 Permitted Identification of Patent Owner Claim Scope Statements Required MPEP 2205 Required Requirement for Submitting Prior Art MPEP 2205 Written Statement Must Include Accompanying Information in Redacted Form MPEP 2205 Other Related FAQs 5 FAQs Collapse What must be included in a submission under 35 U.S.C. 301? What types of information can be submitted under 35 U.S.C. 301? Is there a fee required for submissions under 37...