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

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.

To learn more:

• affidavit
• declaration
• 37 CFR 1.68
• patent evidence
• oath

To learn more:

• 37 CFR 1.68