How are questions of formal sufficiency and propriety of affidavits reviewed?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

Questions of formal sufficiency and propriety of affidavits or declarations are reviewed through a specific process. According to MPEP 717.01(e):

Review of questions of formal sufficiency and propriety are by petition filed under 37 CFR 1.181. Such petitions are answered by the Technology Center Directors (MPEP § 1002.02(c)).

This means that if there are concerns about the formal aspects or appropriateness of an affidavit or declaration, these issues are addressed through a petition process under 37 CFR 1.181. The Technology Center Directors are responsible for responding to these petitions.

Tags: affidavits, declarations, Formal Sufficiency, Petition Process, Propriety, Technology Center Directors