What are the special considerations for actions based on affidavit or declaration evidence in patent examination?

Actions based on affidavit or declaration evidence are among the exceptions to partial signatory authority in patent examination, as specified in MPEP 1005. These actions require the signature of a primary examiner, Technology Center Director, or practice specialist, even if the examiner has partial signatory authority.

MPEP 1005 specifically mentions several types of actions based on affidavits or declarations, including:

• Actions under 37 CFR 1.130(a) (MPEP § 717.01(a) et seq.)
• Actions under 37 CFR 1.130(b) (MPEP § 717.01(b) et seq.)
• Actions under 37 CFR 1.131(a) (MPEP § 715.08)
• Actions under 37 CFR 1.131(c) (MPEP § 718)
• Actions under 37 CFR 1.132 (MPEP § 716)

These actions often involve complex evaluations of evidence submitted to overcome rejections or establish priority dates. The requirement for a higher-level signature ensures that these critical assessments are reviewed by more experienced examiners before being issued.

To learn more:

• affidavit evidence
• declaration evidence
• patent examination
• primary examiner
• 37 CFR 1.130
• 37 CFR 1.131
• 37 CFR 1.132