How does the USPTO evaluate the sufficiency of evidence in Rule 131 affidavits?
How does the USPTO evaluate the sufficiency of evidence in Rule 131 affidavits?
The USPTO evaluates the sufficiency of evidence in Rule 131 affidavits based on several factors. According to MPEP 715.07, “In determining the sufficiency of any affidavit or declaration, a general rule of thumb is that facts, rather than conclusions, constitute evidence.” This means that the USPTO looks for specific, factual information rather than broad statements. The evidence should clearly show:
- The date of invention conception
- Diligence in reducing the invention to practice
- Actual reduction to practice, if applicable
The USPTO will assess whether the provided facts and supporting documents sufficiently demonstrate that the invention was completed before the effective date of the reference being antedated.
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