Can interference testimony be used to antedate a reference?

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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. Yes, interference testimony can sometimes be used to antedate a reference in place of a 37 CFR 1.131(a) affidavit or declaration. As stated in MPEP 715.07(b) : In place of an affidavit or declaration the testimony in an interference may be sometimes used to antedate a reference in lieu of a 37 CFR 1.131(a) affidavit or declaration. However, it’s important to note that the specific part of the testimony that forms the basis of priority over the reference should be clearly identified. 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 Specific Form 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 to Overcome Prior Art Rejection MPEP 715 Permitted Part of Testimony for Priority Over Reference Must Be Pointed Out MPEP 715.07(b) Recommended When Affidavits Are Not Allowed to Antedate References MPEP 715 Prohibited Affidavit Not Allowed for Prior Art Under Pre-AIA 102(f) MPEP 715 Prohibited Testimony May Antedate Reference MPEP 715.07(b) Permitted Requirement for Interference Testimony MPEP 715.07(b) Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 Other Related FAQs 5 FAQs Collapse What should be highlighted when using interference testimony to antedate a reference? What is the legal basis for using interference testimony to antedate a reference? Is MPEP 715.07(b) applicable to applications subject to the AIA first inventor to file provisions? Can a 37 CFR 1.131(a) affidavit be used to overcome a sta...