How does the AIA affect 37 CFR 1.131 affidavits in patent applications?

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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. The America Invents Act (AIA) has significantly impacted the use of 37 CFR 1.131 affidavits in patent applications. According to MPEP 715.01(a) : “For applications subject to current 35 U.S.C. 102, affidavits or declarations under 37 CFR 1.131(a) are not available to overcome a rejection under 35 U.S.C. 102(a)(2).” This change means that for applications filed on or after March 16, 2013 (subject to the AIA), 1.131 affidavits cannot be used to overcome rejections based on U.S. patents, U.S. patent application publications, or WIPO publications of international applications that name another inventor and have an earlier effective filing date. Instead, applicants must use other means, such as showing prior public disclosure or invoking an exception under 35 U.S.C. 102(b)(2), to overcome such rejections. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavits or Declarations for AIA Prior Public Disclosures MPEP 715 Affidavits or Declarations for AIA First Inventor to File Provisions MPEP 715.01(a) Patent Application Publications as Prior Art MPEP 715 Permitted Affidavits Cannot Overcome Rejection Based on Different Inventor MPEP 715.01(a) Prohibited Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Inventorship Declaration to Overcome Rejection MPEP 715.01(a) 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 Date to Overcome Prior Art Is Effective Date MPEP 715 Other Related FAQs 5 FAQs Collapse Ca...