What must be shown in a 37 CFR 1.131(a) affidavit to overcome a prior art reference?

To successfully overcome a prior art reference using a 37 CFR 1.131(a) affidavit or declaration, the inventor(s) must show:

1. Conception of the invention prior to the effective date of the reference
2. Diligence in reducing the invention to practice from a time just prior to the effective date of the reference to the date of actual reduction to practice or filing of the application

MPEP 715 provides specific guidance:

To antedate a reference, applicant must show either (A) reduction to practice of the invention prior to the effective date of the reference, or (B) conception of the invention prior to the effective date of the reference coupled with due diligence from prior to the reference date to a subsequent (actual) reduction to practice or to the filing of the application.

The evidence presented must be clear and convincing, establishing these facts beyond a reasonable doubt.

To learn more:

• 37 CFR 1.131(a)
• affidavit requirements
• conception
• reduction to practice
• diligence

To learn more:

• 37 CFR 1.131(a)