How should facts be presented in a Rule 131 affidavit?

How should facts be presented in a Rule 131 affidavit?

When presenting facts in a Rule 131 affidavit, it’s crucial to provide clear, specific, and well-organized information. The MPEP 715.07 offers guidance on this matter:

1. Chronological order: Present facts in chronological order to clearly show the invention’s timeline.
2. Specificity: Provide specific dates for key events rather than vague timeframes.
3. Clarity: Explain each fact clearly, avoiding ambiguous or conclusory statements.
4. Relevance: Include only facts directly related to proving prior invention.
5. Supporting evidence: Link each fact to supporting documentary evidence where possible.

The MPEP states, “Each fact should be supported by documentary evidence, where possible, and explained by affidavit of the party having the best knowledge of the facts.” This approach ensures that the examiner can easily follow the inventor’s narrative and evaluate the strength of the evidence presented.

To learn more:

• Rule 131 affidavits
• fact presentation
• patent examination
• affidavit preparation