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

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.

To learn more:

• affidavit
• declaration
• 37 CFR 1.131(a)
• evidence
• prior conception
• reduction to practice

To learn more:

• 37 CFR 1.131(a)