What are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?

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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. Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c) : They must be properly signed (37 CFR 1.4). They must include the proper jurat or declaration statement (37 CFR 1.68). They should be free of erasures or interlineations made without initials or written assent of the declarant. They must be properly authenticated if executed in a foreign country (37 CFR 1.66). The MPEP states: ‘An affidavit is a statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. See MPEP § 602 et seq. for additional information regarding formal requirements of affidavits.’ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Affidavits or Declarations Under Pre-AIA 102 and 103 MPEP 717.01(c) Applicant Must File Affidavits Under 37 CFR 1.130 MPEP 717.01(c) Required Affidavits or Declarations for AIA Prior Public Disclosures MPEP 715 Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Declaration Can Replace Affidavit in Patent Applications MPEP 717.01(c) Exhibits Must Comply with Requirements to Enter Application File MPEP 717.01(c) Required Affidavit for Disclosure Not Prior Art MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Declarant Must Certify Statement Accuracy MPEP 717.01(c) Required Other Related FAQs 5 FAQs Collapse What is the difference between an affidavit and a declaration in patent applications? How should facts be presented in affidavits or declarations for patent applications? Can a registered practitioner sign an affidavit or de...