What are the formal requirements for affidavits and declarations under 37 CFR 1.131(a)?

Affidavits and declarations under 37 CFR 1.131(a) must meet specific formal requirements: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer. A declaration, permitted under 37 CFR 1.68, can be used instead of an affidavit. Declarations must include an acknowledgment that willful false statements are punishable…

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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…

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What are the requirements for disqualifying a patent or patent application publication under 37 CFR 1.131(c)?

To disqualify a U.S. patent or U.S. patent application publication as prior art under 37 CFR 1.131(c), the applicant or patent owner must submit two items: A terminal disclaimer: This must be in accordance with 37 CFR 1.321(c). An oath or declaration: This must state that: The application or patent under reexamination and the patent…

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When is a new oath or declaration required in a patent application?

A new oath or declaration is required in a patent application under the following circumstances: When filing a continuation or divisional application When filing a continuation-in-part application To correct inventorship in an application When the original oath or declaration was defective According to MPEP 602.02: ‘A new oath or declaration is required in a continuation…

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How can I change the correspondence address in a patent application filed before September 16, 2012?

The process for changing the correspondence address in a patent application filed before September 16, 2012, depends on whether an oath or declaration has been filed: Before filing an oath or declaration: The correspondence address can be changed by the party who filed the application, including the inventor(s), any patent practitioner named in the transmittal…

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What are the requirements for a complete patent application?

What are the requirements for a complete patent application? A complete patent application must include the following elements: Specification (including a description and claim(s)) Drawing(s) (when necessary) Oath or declaration Filing, search, and examination fees As stated in MPEP 601.01: ‘The application for patent as filed must include a specification as prescribed by 35 U.S.C.…

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