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