What happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act?

What happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act?

If an inventor’s act occurs in a country that later joins NAFTA or WTO, the act can still be relied upon for an affidavit or declaration under 37 CFR 1.131. According to MPEP 715.07(c):

“An affidavit or declaration under 37 CFR 1.131 may be used to swear behind a reference or activity that occurred in a NAFTA or WTO member country, if the NAFTA or WTO member country was a NAFTA or WTO member country at the time the reference or activity was performed.

This means that the country’s status at the time of the act is what matters, not its status at the time of filing the affidavit or declaration. However, if the country joins NAFTA or WTO after the act occurred, the act cannot be relied upon for an affidavit or declaration under 37 CFR 1.131.

To learn more:

• NAFTA
• WTO
• 37 CFR 1.131
• affidavit
• declaration
• member country

To learn more:

• 37 CFR 1.131