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

The key differences between affidavits under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications are:

• 37 CFR 1.131(a) affidavit: Used to antedate (show prior invention) a reference by proving invention before the effective date of the reference.
• 37 CFR 1.132 affidavit: Used to show that the relevant portions of the reference originated with or were obtained from the inventor or at least one joint inventor.

As stated in MPEP 715.01(a): “If the affidavit or declaration under 37 CFR 1.131(a) is not able to overcome the rejection because the reference is a patent or patent application publication claiming the same patentable invention, which therefore cannot be antedated, the applicant can still overcome the rejection by showing that the relevant portions of the reference originated with or were obtained from the inventor or at least one joint inventor. This is accomplished by way of an affidavit or declaration under 37 CFR 1.132.”

To learn more:

• affidavit
• declaration
• 37 CFR 1.131(a)
• 37 CFR 1.132
• patent application

To learn more:

• 37 CFR 1.131(a)
• 37 CFR 1.132