MPEP § 717.01(c) — Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations (Annotated Rules)
§717.01(c) Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations
This page consolidates and annotates all enforceable requirements under MPEP § 717.01(c), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations
This section addresses Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations. Primary authority: 35 U.S.C. 118, 37 CFR 1.130, and 37 CFR 1.91. Contains: 3 requirements, 1 permission, and 2 other statements.
Key Rules
PTAB Jurisdiction
Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 the applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 2155.05.
Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 the applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 2155.05.
PTAB Contested Case Procedures
Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 the applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 2155.05.
Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 the applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 2155.05.
Access to Oath/Declaration
Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.130, must comply with the requirements of 37 CFR 1.91 to be entered into an application file. Exhibits that do not comply with the requirements of 37 CFR 1.91 will be disposed of or returned to applicant at the discretion of the Office. See also MPEP § 608.03(a).
Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.130, must comply with the requirements of 37 CFR 1.91 to be entered into an application file. Exhibits that do not comply with the requirements of 37 CFR 1.91 will be disposed of or returned to applicant at the discretion of the Office. See also MPEP § 608.03(a).
AIA vs Pre-AIA Practice
[Editor Note: This MPEP section is only applicable to applications subject to the first inventor to file provisions of the AIA. See 35 U.S.C. 100 (note) and MPEP § 2159. For applications subject to pre-AIA 35 U.S.C. 102 and pre-AIA 35 U.S.C. 103, see MPEP § 716.10 for affidavits or declarations of attribution under 37 CFR 1.132.]
Obviousness Under AIA (MPEP 2158)
[Editor Note: This MPEP section is only applicable to applications subject to the first inventor to file provisions of the AIA. See 35 U.S.C. 100 (note) and MPEP § 2159. For applications subject to pre-AIA 35 U.S.C. 102 and pre-AIA 35 U.S.C. 103, see MPEP § 716.10 for affidavits or declarations of attribution under 37 CFR 1.132.]
Citations
| Primary topic | Citation |
|---|---|
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 35 U.S.C. § 100 |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 35 U.S.C. § 102 |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 35 U.S.C. § 103 |
| PTAB Contested Case Procedures PTAB Jurisdiction | 35 U.S.C. § 118 |
| Access to Oath/Declaration PTAB Contested Case Procedures PTAB Jurisdiction | 37 CFR § 1.130 |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 37 CFR § 1.132 |
| – | 37 CFR § 1.68 |
| Access to Oath/Declaration | 37 CFR § 1.91 |
| PTAB Contested Case Procedures PTAB Jurisdiction | MPEP § 2155.05 |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | MPEP § 2159 |
| Access to Oath/Declaration | MPEP § 608.03(a) |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | MPEP § 716.10 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 717.01(c) — Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations
Source: USPTO717.01(c) Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations [R-01.2024]
[Editor Note: This MPEP section is only applicable to applications subject to the first inventor to file provisions of the AIA. See 35 U.S.C. 100 (note) and MPEP § 2159. For applications subject to pre-AIA 35 U.S.C. 102 and pre-AIA 35 U.S.C. 103, see MPEP § 716.10 for affidavits or declarations of attribution under 37 CFR 1.132.]
I. WHO MAY MAKE AFFIDAVIT OR DECLARATIONAnyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 the applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 2155.05.
II. FORMAL REQUIREMENTS OF AFFIDAVITS AND DECLARATIONS AND ATTACHED EXHIBITSAn affidavit is a statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. See 602et seq. for additional information regarding formal requirements of affidavits.
37 CFR 1.68 permits a declaration to be used instead of an affidavit. 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. The declarant must set forth in the body of the declaration that all statements made of the declarant’s own knowledge are true and that all statements made on information and belief are believed to be true.
Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.130, must comply with the requirements of 37 CFR 1.91 to be entered into an application file. Exhibits that do not comply with the requirements of 37 CFR 1.91 will be disposed of or returned to applicant at the discretion of the Office. See also MPEP § 608.03(a).