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

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).”

To learn more:

• 37 CFR 1.131(a)
• 37 CFR 1.132
• affidavits
• patent applications
• prior art

To learn more:

• 37 CFR 1.131(a)
• 37 CFR 1.132