What types of affidavits or declarations are typically filed during patent prosecution?

During patent prosecution, several types of affidavits or declarations may be filed. MPEP ¶ 2.03 mentions three common types:

“Affidavits or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132, filed during the prosecution of the prior application…”

These affidavits serve different purposes:

• 37 CFR 1.130: Declarations of attribution or prior public disclosure
• 37 CFR 1.131: Affidavits of prior invention to overcome cited art
• 37 CFR 1.132: Affidavits traversing rejections or objections

Each of these affidavits provides specific evidence to support the patentability of an invention or to overcome rejections made by the patent examiner.

For more information on patent prosecution, visit: patent prosecution.