What is the purpose of a 37 CFR 1.131(a) affidavit or declaration?

Question

Accepted Answer

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 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. This is done 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 . 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Date to Overcome Prior Art Is Effective Date MPEP 715 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 Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Affidavit Not Allowed for Prior Art Under Pre-AIA 102(f) MPEP 715 Prohibited Admission of Prior Art Prohibits Affidavit MPEP 715 Prohibited Requirement for Antedating Pre-AIA Prior Art MPEP 715 Permitted Effective Date for Pre-AIA Patent References MPEP 715 Requirement for Pre-AIA Prior Art Evidence MPEP 715.01 Other Related FAQs 5 FAQs Collapse How can an applicant overcome prior art rejections using a 37 CFR 1.132 affidavit? When is a 37 CFR 1.131(a) affidavit appropriate in a patent application? What is the difference between 37 CFR 1.131...