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

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.

To learn more:

• evidence
• affidavit
• declaration
• 37 CFR 1.131(a)
• prior invention

To learn more:

• 37 CFR 1.131(a)