What types of evidence are acceptable for proving prior invention under 37 CFR 1.131?

What types of evidence are acceptable for proving prior invention under 37 CFR 1.131?

According to MPEP 715.07, various types of evidence can be used to prove prior invention under 37 CFR 1.131. The MPEP states:

‘Acceptable types of evidence… include facts concerning reduction to practice, facts concerning conception coupled with due diligence from a time just prior to the other party’s conception to reduction to practice or conception, and facts concerning conception prior to the other party’s date.’

This evidence can include:

• Laboratory notebooks
• Drawings or sketches
• Prototype models
• Correspondence discussing the invention
• Testimony from witnesses

It’s important to note that the evidence should be corroborated and not solely based on the inventor’s testimony.

To learn more:

• prior invention
• evidence
• 37 CFR 1.131
• reduction to practice
• conception

To learn more:

• 37 CFR 1.131