How can an examiner’s decision on affidavit sufficiency be reviewed?

The review process for an examiner’s decision on affidavit sufficiency under 37 CFR 1.131(a) involves two different paths, depending on the nature of the review:

1. Formal sufficiency and propriety: MPEP 715.08 states: Review of an examiner’s decision with regard to questions of formal sufficiency and propriety of an affidavit or declaration under 37 CFR 1.131(a) is by a petition filed under 37 CFR 1.181. These petitions are answered by Technology Center Directors.
2. Merits of the affidavit or declaration: The MPEP specifies that Review of an examiner’s determination on the merits of a 37 CFR 1.131(a) affidavit or declaration is by appeal to the Patent Trial and Appeal Board.

This dual-path review process ensures that both procedural and substantive aspects of the affidavit can be properly evaluated if necessary.

To learn more:

• Affidavit review
• Patent examination
• Appeal process
• Petition process