What are the formal requirements for affidavits and declarations in patent applications?

The MPEP outlines several formal requirements for affidavits and declarations in patent applications:

  • An affidavit must be a statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths.
  • A declaration can be used instead of an affidavit, as permitted by 37 CFR 1.68.
  • Declarations must include an acknowledgment that willful false statements are punishable by fine or imprisonment, or both (18 U.S.C. 1001) and may jeopardize the validity of the application or any resulting patent.
  • The declarant must state in the body of the declaration that all statements made of their own knowledge are true and that all statements made on information and belief are believed to be true.

For more detailed information on affidavits, the MPEP refers to section 602 et seq.

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