What types of documentary evidence are acceptable for Rule 131 affidavits?
What types of documentary evidence are acceptable for Rule 131 affidavits?
Various types of documentary evidence can be used to support Rule 131 affidavits. The MPEP 715.07 provides guidance on acceptable forms of evidence:
- Laboratory notebooks
- Progress reports
- Invention disclosure documents
- Sketches or drawings
- Photographs
- Models
- Correspondence discussing the invention
The MPEP states, “Documentary evidence may be used to support and explain the contents of affidavits.” It’s important to note that the evidence should be contemporaneous with the alleged dates of conception and reduction to practice. Additionally, any submitted documents should be clearly explained in the affidavit to establish their relevance to the invention’s timeline.
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