What is the significance of corroborating evidence in Rule 131 affidavits?
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.
Corroborating evidence plays a crucial role in Rule 131 affidavits. The MPEP 715.07 states: “Each fact should be supported by documentary evidence, where possible, and explained by affidavit of the party having the best knowledge of the facts.” This means that while an inventor’s affidavit can be sufficient in some cases, additional evidence strengthens the claim. Corroborating evidence can include laboratory notebooks, prototype drawings, or witness statements that support the inventor’s assertions about the invention’s conception and reduction to practice.