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

The purpose of an affidavit or declaration under 37 CFR 1.131(a) is to overcome a prior art reference by establishing that the inventor(s) completed the invention before the effective date of the reference. This is commonly known as ‘swearing behind’ a reference.

According to MPEP 715:

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(a) or 102(e) by a showing that the inventor invented the claimed subject matter prior to the effective date of the reference or activity relied upon in the rejection.

This process allows inventors to establish their priority of invention and potentially overcome certain types of prior art rejections.

To learn more:

• affidavit
• declaration
• 37 CFR 1.131(a)
• swearing behind
• prior art

To learn more:

• 37 CFR 1.131(a)
• prior art rejection