What is the deadline for submitting affidavits or declarations under 37 CFR 1.131(a)?

Affidavits or declarations under 37 CFR 1.131(a) must be timely presented to be admitted. According to MPEP 715.09, they are considered timely if submitted:

  • Prior to a final rejection
  • Before appeal in an application not having a final rejection
  • After final rejection, but before or on the same date of filing an appeal, with a showing of good and sufficient reasons
  • After prosecution is closed, if filed with a request for continued examination (RCE) or continued prosecution application (CPA)

The MPEP states: “Affidavits or declarations under 37 CFR 1.131(a) must be timely presented in order to be admitted.” This emphasizes the importance of meeting the submission deadlines.

To learn more:

To learn more:

Tags: 37 CFR 1.131(a), affidavits, declarations, patent examination