When should an affidavit or declaration under 37 CFR 1.130 be filed?

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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 717.01(f), affidavits or declarations under 37 CFR 1.130 must be timely presented to be admitted. They are considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection but before or on the same date of filing an appeal, with a showing of good and sufficient reasons why it’s necessary and wasn’t presented earlier After prosecution is closed (e.g. after final rejection, appeal, or allowance) if filed with a request for continued examination (RCE) or continued prosecution application (CPA) The MPEP states: Affidavits or declarations under 37 CFR 1.130 must be timely presented in order to be admitted. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavits Timely if Submitted After Prosecution Closes with RCE or CPA MPEP 717.01(f) Affidavits or Declarations for Appeals Must Follow Specific Rules MPEP 717.01(f) Affidavits Must Be Timely for Admission MPEP 717.01(f) Required Admitted Affidavits Must Be Commented On MPEP 717.01(f) Recommended Review of Examiner’s Refusal to Enter Affidavit as Untimely Is by Petition Not Appeal MPEP 717.01(f) Third-Party Submissions Must Be Timely Filed MPEP 1134.01 Request for New Argument Based on Recent Decision at Oral Hearing MPEP 1002.02(j) Board Proceeding Record Available After Final Action MPEP 103 RCE Does Not Reset Third-Party Submission Deadline MPEP 1134.01 Requirement for First Examiner Rejection Date MPEP 1134.01 Other Related FAQs 5 FAQs Collapse Can affidavits or declarations be submitted after the prosecution is closed? What happens if an affidavit or declaration is submitted after a final rejection? What options are a...