What is an affidavit or declaration under 37 CFR 1.132?

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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 1.132 is a form of evidence submitted to traverse rejections or objections in a patent application or reexamination. The MPEP states: When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. This means that when an applicant wants to present evidence to overcome a rejection that doesn’t fit into other specific categories, they must use a 1.132 affidavit or declaration. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Oath or Declaration Required for Traversing Rejections MPEP 716 Required Requirement for Full Explanation of Affidavit or Declaration Under 37 CFR 1.132 MPEP 716 Required Requirement for Full Explanation of Affidavit or Declaration Under 37 CFR 1.132 MPEP 716 Required Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Form Paragraphs for 37 CFR 1.132 Affidavits Must Be Used MPEP 716 Recommended Affidavit Requirement Follows Form Paragraph 7.66 MPEP 716 Required Affidavits Must Follow Specific Paragraphs MPEP 716 Required Examiner Note: Full Explanation Must Accompany Affidavits or Declarations Under 37 CFR 1.132 MPEP 716 Required Other Related FAQs 5 FAQs Collapse Can the absence of an expected property support nonobviousness in patent applications? What types of comparative tests are acceptable for showing non-obv...