What is an affidavit or declaration under 37 CFR 1.132?

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.

To learn more:

• affidavit
• declaration
• 37 CFR 1.132
• patent rejection
• patent objection
• evidence

To learn more:

• 37 CFR 1.132