How can one appeal the merits of a 37 CFR 1.130 affidavit or declaration?

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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. If you wish to appeal the merits of a 37 CFR 1.130 affidavit or declaration, the process is specified in MPEP 717.01(e) : Review on the merits of a 37 CFR 1.130 affidavit or declaration is by appeal to the Patent Trial and Appeal Board. See MPEP § 1201. This means that if you disagree with the examiner’s decision regarding the substance or merits of your affidavit or declaration, you can appeal this decision to the Patent Trial and Appeal Board (PTAB) . The process for such appeals is detailed in MPEP § 1201 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Review of 37 CFR 1.130 Affidavits by PTAB MPEP 717.01(e) Appeals Process for Inter Partes Reexaminations MPEP 1201 Primary Examiner Reviews Affidavit Sufficiency Under 37 CFR 1.130 MPEP 717.01(e) Recommended Patent Merit Disputes Require Judicial Review MPEP 1201 Permitted Appeal Procedure for Merit Disputes MPEP 1201 Ex Parte Appeal Practice Before September 16, 2012 MPEP 1201 Jurisdictional Distinction Between PTAB and Director MPEP 1201 Recommended Petitions and Appeals Distinction MPEP 1201 Recommended Objections Determinative of Rejection Are Appealable MPEP 1201 Permitted Petitionable Matters Not Appealable to PTAB MPEP 1201 Other Related FAQs 5 FAQs Collapse Who reviews the sufficiency of affidavits or declarations under 37 CFR 1.130? How are questions of formal sufficiency and propriety of affidavits reviewed? What is the difference between reviewing sufficiency and reviewing merits of an affidavit? What changes did the America Invents Act (AIA) bring to the patent appeal process? What is the difference between appealable and petitionable matters in patent prosecution?