How does the USPTO evaluate the sufficiency of evidence in Rule 131 affidavits?

Question

Accepted Answer

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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Reduction to Practice After Reference Date MPEP 715 Requirement for Prior Reduction to Practice MPEP 715 Burden of Showing Reduction to Practice Is on Applicant MPEP 715.07 Affidavit Must Establish Reduction to Practice Before Filing Date MPEP 715 Required Either Diligence or Reduction to Practice Must Be Established MPEP 715 Recommended Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Alleged Reduction to Practice Required MPEP 715 Recommended Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Exhibits Must Clearly Show Reduction to Practice MPEP 715.07 Conception and Reduction to Practice Not Identical in Rule 131 MPEP 715.07 Required Other Related FAQs 5 FAQs Collapse What types of documentary evidence are acceptable for Rule 131 affidavits? What types of evidence are acceptable for antedating a re...