What’s the difference between an affidavit and a declaration?

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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. While both affidavits and declarations serve similar purposes in patent prosecution, there are key differences: Affidavit: A statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. Declaration: As per 37 CFR 1.68 , a declaration can be used instead of an affidavit. It must include an acknowledgment that willful false statements are punishable by law and may jeopardize the validity of the application or patent. The MPEP states: The declaration must include an acknowledgment by the declarant that willful false statements and the like are punishable by fine or imprisonment, or both (18 U.S.C. 1001) and may jeopardize the validity of the application or any patent issuing thereon. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Declaration Must Acknowledge False Statements MPEP 716 Required Affidavits Must Be Made Under Oath MPEP 716 Declaration Can Replace Affidavit in Patent Applications MPEP 716 Declaration Must Acknowledge Truthfulness of Statements MPEP 716 Required Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Form Paragraphs for 37 CFR 1.132 Affidavits Must Be Used MPEP 716 Recommended Affidavits Must Follow Specific Paragraphs MPEP 716 Required Affidavit Requirement Follows Form Paragraph 7.66 MPEP 716 Required Affidavit or Declaration Under 37 CFR 1.132 Must Follow Form Paragraph 7.66 MPEP 716 Required Oath or Declaration Required for Traversing Rejections MPEP 716 Required Other Related FAQs 5 FAQs Collapse Can the absence of an expected property support nonobviousness in patent applications? What types of comparative tests are acceptable for showing ...