What must be shown in a 37 CFR 1.131(a) affidavit or declaration?

A 37 CFR 1.131(a) affidavit or declaration must establish possession of either the whole invention claimed or something falling within the claim. According to MPEP 715.02:

The 37 CFR 1.131(a) affidavit or declaration must establish possession of either the whole invention claimed or something falling within the claim (such as a species of a claimed genus), in the sense that the claim as a whole reads on it.

This means that the affidavit or declaration should demonstrate that the inventor had completed the invention or a significant part of it before the effective date of the reference being antedated.

To learn more:

• 37 CFR 1.131(a)
• affidavit
• declaration
• patent examination
• prior art

To learn more:

• 37 CFR 1.131(a)