What types of evidence are acceptable for an affidavit or declaration under 37 CFR 1.131(a)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. An affidavit or declaration under 37 CFR 1.131(a) can include various types of evidence to support the inventor’s prior conception and reduction to practice. According to MPEP 715.07 : The evidence may consist of testimony of the inventor in the form of an affidavit or declaration under 37 CFR 1.131(a), documentary evidence, drawings, and models. Acceptable forms of evidence may include: Inventor’s affidavit or declaration Documentary evidence (e.g., lab notebooks, correspondence) Drawings or sketches Models or prototypes Testimony from witnesses It’s important to note that the evidence should clearly demonstrate the inventor’s prior conception and diligence in reducing the invention to practice before the effective date of the reference or activity being antedated. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Conception and Reduction to Practice Not Identical in Rule 131 MPEP 715.07 Required Requirement for Prior Reduction to Practice MPEP 715 Requirement for Reduction to Practice After Reference Date MPEP 715 Affidavit Must Establish Reduction to Practice Before Filing Date MPEP 715 Required Affidavit Must Establish Conception and Diligence MPEP 715 Recommended Either Diligence or Reduction to Practice Must Be Established MPEP 715 Recommended Burden of Showing Reduction to Practice Is on Applicant MPEP 715.07 Other Related FAQs 5 FAQs Collapse What types of documentary ...