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

In the context of patent applications, affidavits and declarations serve the same purpose but differ in their formalities. According to MPEP 717.01(c):

• Affidavit: A written statement made under oath before a notary public or other authorized officer.
• Declaration: A statement in writing made under penalty of perjury, as permitted by 28 U.S.C. 1746.

The MPEP states: ‘The Office treats affidavits and declarations as equivalent.’ This means that for patent prosecution purposes, both documents carry the same weight and can be used interchangeably, provided they meet the formal requirements set forth in 37 CFR 1.68 or 28 U.S.C. 1746.

To learn more:

• affidavits
• declarations
• patent applications
• legal documents

To learn more:

• notarization