What types of prior art can be overcome with a 37 CFR 1.131(a) affidavit?

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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 be used to overcome certain types of prior art rejections. Specifically, it can be used to overcome rejections based on: Pre-AIA 35 U.S.C. 102(a) references Pre-AIA 35 U.S.C. 102(e) references MPEP 715 states: 37 CFR 1.131(a) affidavits are applicable to overcome rejections under pre-AIA 35 U.S.C. 102(a) or 102(e). However, it’s important to note that this affidavit cannot be used to overcome certain other types of prior art, such as those under 35 U.S.C. 102(b) or statutory bars. 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 Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Admissions of Prior Art Cannot Be Overcome by Affidavit MPEP 715 Prohibited Date to Overcome Prior Art Is Effective Date MPEP 715 When Affidavits Are Not Allowed to Antedate References MPEP 715 Prohibited Rejection Based on Statutory Bar Prohibits Prior Invention Declaration MPEP 715 Affidavit Not Allowed for Prior Art Under Pre-AIA 102(f) MPEP 715 Prohibited Requirement for Antedating Pre-AIA Prior Art MPEP 715 Permitted Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.131(a) affidavit be used to overcome a statutory bar? Can an inventor use a 37 CFR 1.131(a) affidavit to overcome a rejection based on a commonly owned patent or application? What must be shown in a 37 CFR 1.131(a) affidavit or declaration? Can a 37 CFR 1.1...