Who decides on the sufficiency of affidavits under 37 CFR 1.131(a)?

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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 715.08 , the primary examiner is responsible for reviewing and deciding on the sufficiency of affidavits or declarations under 37 CFR 1.131(a). The MPEP states: The question of sufficiency of affidavits or declarations under 37 CFR 1.131(a) should be reviewed and decided by a primary examiner. This means that the primary examiner has the authority to determine whether the submitted affidavits or declarations meet the requirements set forth in the regulation. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavits or Declarations for AIA Prior Public Disclosures MPEP 715 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 Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Primary Examiner Reviews Affidavit Sufficiency Under 131(a) MPEP 715.08 Recommended Affidavits Under 37 CFR 1.131(c) MPEP 715 Review of Examiner’s Determination on 37 CFR 1.131(a) Affidavit by PTAB Appeal MPEP 715.08 Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit Under 37 CFR 1.131(a) Must Follow Paragraph 7.57.fti MPEP 715 Required Other Related FAQs 5 FAQs Collapse What is the Patent Trial and Appeal Board&#8217;s role in reviewing affidavits under 37 CFR 1.131(a)? How can an examiner&#8217;s decision on affidavit sufficiency be reviewed? What is the role of Technology Center Directors in the patent examination process? Can a 37 CFR 1.131(a) affidavit be used to overcome a statuto...