How should facts be presented in affidavits or declarations for patent applications?
When presenting facts in affidavits or declarations for patent applications, it’s crucial to provide specific, factual information rather than mere conclusions. According to MPEP 717.01(c):
‘Affidavits or declarations presented to show that the disclosure of an application is sufficient to one skilled in the art are not acceptable to establish facts for the reason that opinions as to the sufficiency of disclosure are not considered to be factual in nature.’
This guidance emphasizes the importance of presenting concrete, verifiable facts rather than opinions or conclusions. When drafting an affidavit or declaration:
- Provide specific dates, events, and actions
- Describe experiments or tests in detail, including methodologies and results
- Include quantitative data where applicable
- Avoid subjective statements or personal opinions
- Ensure all statements are within the declarant’s personal knowledge
By focusing on factual information, the affidavit or declaration becomes more compelling and useful in the patent examination process.
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