What evidence is required in an affidavit or declaration under 37 CFR 1.131(a)?

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. An affidavit or declaration under 37 CFR 1.131(a) must include evidence that supports the inventor’s claim of prior invention. According to the MPEP: ‘The evidence submitted with a 37 CFR 1.131(a) affidavit or declaration must demonstrate that the inventor or at least one joint inventor completed the invention in question prior to the effective date of the reference or activity relied upon in the rejection.’ This evidence may include: Drawings or sketches Laboratory notebooks Prototypes or models Correspondence discussing the invention Testimony from witnesses The evidence should clearly show that the invention was conceived and reduced to practice before the effective date of the cited reference. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit Under 37 CFR 1.131(a) Must Follow Paragraph 7.57.fti MPEP 715 Required Date to Overcome Prior Art Is Effective Date MPEP 715 Requirement for Reduction to Practice After Reference Date MPEP 715 Requirement for Prior Reduction to Practice MPEP 715 Affidavit Required for Prior Invention MPEP 715 Required Alleged Reduction to Practice Required MPEP 715 Recommended Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.131(a) affidavit be used to overcome a statutory bar? Can an inventor use a 37 CFR 1.131(a) affidavit to overcome a rejection based on a common...