How should facts be presented in affidavits or declarations for antedating a reference?
When presenting facts in affidavits or declarations for antedating a reference, it’s crucial to follow the guidelines outlined in MPEP 715.07. The key points are:
- Present specific facts, not conclusions
- Provide clear and convincing evidence of prior invention
- Include dates of conception and reduction to practice
- Explain any delay between conception and reduction to practice
- Offer corroborating evidence when possible
The MPEP emphasizes: ‘Facts, not conclusions, must be alleged. Affidavits or declarations must set forth the facts upon which the showing of sufficiency is predicated.’ This means that statements should be detailed and factual, avoiding vague or conclusory language. For example, instead of stating ‘The invention was conceived on January 1,’ provide specific details about the conception, such as sketches made, discussions held, or prototypes developed on that date.
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