Who reviews the sufficiency of affidavits or declarations under 37 CFR 1.130?

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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. The sufficiency of affidavits or declarations under 37 CFR 1.130 is reviewed and decided by a primary examiner. As stated in MPEP 717.01(e) : The question of sufficiency of affidavits or declarations under 37 CFR 1.130 should be reviewed and decided by a primary examiner. This means that the primary examiner is responsible for evaluating whether the submitted affidavits or declarations meet the requirements set forth in the regulations. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Primary Examiner Reviews Affidavit Sufficiency Under 37 CFR 1.130 MPEP 717.01(e) Recommended Review of 37 CFR 1.130 Affidavits by PTAB MPEP 717.01(e) Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Affidavits Required for Pre-AIA Applications MPEP 717 Petitions for Formal Sufficiency and Propriety Must Be Filed Under 37 CFR 1.181 MPEP 717.01(e) Requirement for AIA Practice MPEP 717 Disclosure by Inventor Within One Year Not Prior Art MPEP 717 Prohibited Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Affidavit for Disclosure Not Prior Art MPEP 717 Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Other Related FAQs 5 FAQs Collapse How are questions of formal sufficiency and propriety of affidavits reviewed? How can one appeal the merits of a 37 CFR 1.130 affidavit or declaration? What is the difference between reviewing sufficiency and reviewing merits of an affidavit? Can a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date? Can a 37 CFR 1.130(b) declaration be used for U.S. patents or patent application publications?