What are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?

Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c):

  • They must be properly signed (37 CFR 1.4).
  • They must include the proper jurat or declaration statement (37 CFR 1.68).
  • They should be free of erasures or interlineations made without initials or written assent of the declarant.
  • They must be properly authenticated if executed in a foreign country (37 CFR 1.66).

The MPEP states: ‘An affidavit is a statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. See MPEP § 602 et seq. for additional information regarding formal requirements of affidavits.’

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Tags: affidavits, declarations, formal requirements