What types of evidence are acceptable for antedating a reference in patent applications?

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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. According to MPEP 715.07 , acceptable evidence for antedating a reference can include: Affidavits or declarations from inventors or others with knowledge of the facts Documentary evidence such as drawings, photographs, or other physical exhibits Laboratory notebooks or other contemporaneous records Testimony from witnesses who can corroborate the inventor’s activities The MPEP states: ‘Facts, not conclusions, must be alleged. Affidavits or declarations must set forth the facts upon which the showing of sufficiency is predicated.’ This means that any evidence presented should provide specific, factual information rather than general statements or conclusions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavits or Declarations Under 37 CFR 1.131(c) Requirement MPEP 715.07 Affidavits or Declarations for AIA Prior Public Disclosures MPEP 715 Affidavit for Antedating Not Controlled by Interference Law MPEP 715.07 Proof of Utility Required for Antedating Reference MPEP 715.07 Permitted Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 Patent Application Publications as Prior Art MPEP 715 Permitted Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Requirement for Antedating Pre-AIA Prior Art MPEP 715 Permitted Published Foreign Patent Application Effective as of Publication Date MPEP 715 Published Foreign Patent Application Effective as of Publication Date MPEP 715 Other Related FAQs 5 FAQs Collapse What types of documentary evidence are acceptable for Rule 131 affidavits? What types of evidence are acceptable for proving prior invention under 37 CFR 1.131? How should an inventor present facts in an affidavit or decla...