Can affidavits or declarations accompany a 37 CFR 1.501 submission?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2205 - Content Of Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure