What are the formal requirements for affidavits or declarations under 37 CFR 1.131(a)?
The formal requirements for affidavits or declarations under 37 CFR 1.131(a) are outlined in MPEP 715.04. These include:
- The affidavit or declaration must be properly signed.
- Statements in the affidavit or declaration must be in the first person.
- The affiant or declarant must state their relationship to the invention or application.
- The affidavit or declaration must include a jurat (oath) or declaration under 37 CFR 1.68.
The MPEP states: ‘The affidavit or declaration must state facts and produce such documentary evidence and exhibits in support thereof as are available to show conception and completion of invention in this country or in a NAFTA or WTO member country…’
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