What is ‘swearing behind’ a reference?

‘Swearing behind’ a reference refers to the process of filing an affidavit or declaration under 37 CFR 1.131(a) to overcome a rejection in certain patent applications. This process allows an applicant or patent owner to establish a date of completion of the invention prior to the effective date of a reference used in a rejection.

According to the MPEP, Such a rejection may be overcome, in certain instances noted below, by filing of an affidavit or declaration under 37 CFR 1.131(a), known as ‘swearing behind’ the reference. It’s important to note that it is the rejection that is withdrawn and not the reference.

To learn more:

• swearing behind
• affidavit
• declaration
• 37 CFR 1.131(a)
• patent rejection
• prior art

To learn more:

• 37 CFR 1.131(a)