What are the formal requirements for affidavits and declarations under 37 CFR 1.130?

MPEP 717.01(c) outlines the formal requirements for affidavits and declarations under 37 CFR 1.130:

  • An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer
  • A declaration must include an acknowledgment that willful false statements are punishable by fine or imprisonment, or both (18 U.S.C. 1001)
  • The declarant must state in the body of the declaration that all statements made of their own knowledge are true and all statements made on information and belief are believed to be true
  • Any exhibits must comply with the requirements of 37 CFR 1.91 to be entered into the application file

The MPEP states: 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.

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Tags: affidavit, declaration, formal requirements