What is the difference between a 37 CFR 1.131(a) affidavit and a 37 CFR 1.132 affidavit?

The main difference between a 37 CFR 1.131(a) affidavit and a 37 CFR 1.132 affidavit lies in their purpose and what they aim to prove:

• A 37 CFR 1.131(a) affidavit is used to prove invention prior to the effective date of a reference or activity.
• A 37 CFR 1.132 affidavit is used to prove that the subject matter relied upon in a reference was the inventor’s own work or to show common ownership.

As stated in MPEP 715.01: The purpose of a 37 CFR 1.131(a) affidavit or declaration is to overcome a prior art rejection under pre-AIA 35 U.S.C. 102 or 103 by proving invention of the claimed subject matter by the inventor or at least one joint inventor prior to the effective date of the reference or activity relied upon in the rejection.

In contrast, a 37 CFR 1.132 affidavit can be used to show that the subject matter relied upon and the claimed invention were commonly owned or subject to common assignment at the time the later invention was made.

To learn more:

• 37 CFR 1.131(a)
• 37 CFR 1.132
• affidavit
• declaration
• prior art rejection
• pre-AIA patent law

To learn more:

• 37 CFR 1.131(a)
• 37 CFR 1.132