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 by fine or imprisonment (18 U.S.C. 1001) and may jeopardize the validity of the application or patent.
• The declarant must state that all statements made of their own knowledge are true and all statements made on information and belief are believed to be true.

As stated in the MPEP, “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.” This emphasizes the legal importance of truthfulness in these documents.

To learn more:

• affidavit
• declaration
• 37 CFR 1.131(a)
• formal requirements
• oath
• notary public

To learn more:

• 37 CFR 1.131(a)