What is the difference between an affidavit and a declaration in patent applications?

In the context of patent applications, affidavits and declarations serve similar purposes but have different formal requirements. According to MPEP 717.01(c):

• Affidavit: A statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths.
• Declaration: A statement in compliance with 37 CFR 1.68 and 28 U.S.C. 1746, which allows the declarant to make the statement under penalty of perjury without notarization.

The MPEP states: ‘Declarations are commonly used instead of affidavits… because declarations under 37 CFR 1.68 and 28 U.S.C. 1746 can be used instead of an affidavit.’ This allows for more flexibility in document preparation, especially for declarants who may not have easy access to a notary.

To learn more:

• affidavit
• declaration
• patent application
• notarization