What is the difference between 37 CFR 1.131(a) and 37 CFR 1.132 affidavits in patent applications?

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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. The main difference between 37 CFR 1.131(a) and 37 CFR 1.132 affidavits lies in their purpose and timing: 37 CFR 1.131(a) affidavits are used to antedate a reference by showing prior invention. They are typically filed before final rejection. 37 CFR 1.132 affidavits are used for various purposes, including showing unexpected results, commercial success, or to attack the operability of the prior art. They can be filed at any time during prosecution. As stated in MPEP 715.01 : “An affidavit or declaration under 37 CFR 1.131(a) is used to antedate the effective date of a reference or activity which qualifies as prior art under pre-AIA 35 U.S.C. 102(a) or (e).” 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 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Date to Overcome Prior Art Is Effective Date MPEP 715 When Affidavits Are Not Allowed to Antedate References MPEP 715 Prohibited Patent Application Publications as Prior Art MPEP 715 Permitted Form Paragraphs for 37 CFR 1.132 Affidavits Must Be Used MPEP 716 Recommended Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Other Related FAQs 5 FAQs Collapse How can an applicant overcome prior art rejections using a 37 CFR 1.132 affidavit? What is the purpose of a 37 CF...