How does a priority showing differ from a 37 CFR 1.131 affidavit?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. A priority showing under 37 CFR 41.202(d) differs from a 37 CFR 1.131 affidavit in several key aspects: A 37 CFR 1.131 affidavit is typically used to overcome rejections under pre-AIA 35 U.S.C. 102(a) or 102(e). A priority showing is required when the reference has claims directed to the same patentable invention as the application claims being rejected. The MPEP states: “The reason for this exception is that priority is determined in an interference when the claims interfere. See pre-AIA 35 U.S.C. 135(a).” In cases where interference is not possible (e.g., claims have been significantly modified or are not in condition for allowance), a 37 CFR 1.131 affidavit may be permitted instead of a priority showing. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Showing Instead of Affidavit for Interference Claims MPEP 2305 Required 37 CFR 1.131 Affidavit Exception for Interference MPEP 2305 Recommended Affidavit of Prior Invention to Overcome Pre-AIA Rejection MPEP 2305 Permitted Requirement for Priority Showing When Claims Interfere MPEP 2305 Priority Showing Required for Later Reduction-to-Practice MPEP 2305 Required Priority Showing Must Prove Priority MPEP 2305 Required Priority Showing Requirement for Interference Proceedings MPEP 2305 Required Priority Showing Must Be Adequately Presented MPEP 2305 Showing to Overcome Pre-AIA Rejection When Affidavit Not Permitted MPEP 2305 Permitted Affidavit Under 37 CFR 1.131 Allowed After Interference Resolution MPEP 2305 Permitted Other Related FAQs 5 FAQs Collapse What are the consequences of an inadequate priority showing? What is a priority showing in patent interference proceedings? How does a priority showing d...