# MPEP § 717.01(c): Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S717.01(c)

## Section

- **Citation:** MPEP § 717.01(c)
- **Heading:** Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 0700 - Examination of Applications / MPEP § 717.01(c)

## Text

[Editor Note: This MPEP section is only applicable to applications subject
to the first inventor to file provisions of the AIA. See
35 U.S.C. 100
(note)
and
MPEP §
2159
. For applications subject to
pre-AIA 35 U.S.C.
102
and
pre-AIA 35 U.S.C. 103
, see
MPEP §
716.10
for affidavits or declarations of attribution
under
37 CFR
1.132
.]
I.
WHO MAY MAKE AFFIDAVIT OR DECLARATION
Anyone who has knowledge of the facts discussed in
the declaration may sign a declaration under
37 CFR 1.130
. In accordance
with
37 CFR
1.130
, however, it is the applicant or patent owner who may
submit (i.e., file) an affidavit or declaration. When an assignee, obligated
assignee, or person showing sufficient proprietary interest is the applicant under
35 U.S.C.
118
the applicant or their representative must be the party
that files the affidavit or declaration under
37 CFR 1.130
even if the
inventor or any party with knowledge of the relevant facts signed the affidavit or
declaration. In other words, the affidavit or declaration must be filed by a party
having authority to take action in the application. Authority to file papers in an
application generally does not lie with the inventor if the inventor is not the
applicant. See
MPEP § 2155.05
.
II.
FORMAL REQUIREMENTS OF AFFIDAVITS AND DECLARATIONS AND ATTACHED
EXHIBITS
An affidavit is a statement in writing made under
oath before a notary public, magistrate, or officer authorized to administer
oaths. See
602
et seq.
for additional information regarding formal
requirements of affidavits.
37 CFR
1.68
permits a declaration to be used instead of an
affidavit. 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
eq.
for additional information regarding formal
requirements of affidavits.
37 CFR
1.68
permits a declaration to be used instead of an
affidavit. 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. The declarant must set forth in the body of the
declaration that all statements made of the declarant’s own knowledge are true and
that all statements made on information and belief are believed to be true.
Exhibits, such as those filed as part of an
affidavit or declaration under
37 CFR 1.130
, must comply with
the requirements of
37 CFR 1.91
to be entered into
an application file. Exhibits that do not comply with the requirements of
37 CFR
1.91
will be disposed of or returned to applicant at the
discretion of the Office. See also
MPEP § 608.03(a)
.

## Nearby sections

- [MPEP § 701 Statutory Authority for Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S701.md)
- [MPEP § 702 Requisites of the Application](https://www.frixlaw.com/law-library/statutes/MPEP_S702.md)
- [MPEP § 702.01 Obviously Informal Cases](https://www.frixlaw.com/law-library/statutes/MPEP_S702.01.md)
- [MPEP § 703 [Reserved]](https://www.frixlaw.com/law-library/statutes/MPEP_S703.md)
- [MPEP § 704.01 Search](https://www.frixlaw.com/law-library/statutes/MPEP_S704.01.md)
- [MPEP § 704.10 Requirements for Information](https://www.frixlaw.com/law-library/statutes/MPEP_S704.10.md)
- [MPEP § 704.11 What Information May Be Required](https://www.frixlaw.com/law-library/statutes/MPEP_S704.11.md)
- [MPEP § 704.11(a) Examples of Information Reasonably Required](https://www.frixlaw.com/law-library/statutes/MPEP_S704.11(a).md)
- [MPEP § 704.11(b) When May a Requirement for Information Be Made](https://www.frixlaw.com/law-library/statutes/MPEP_S704.11(b).md)
- [MPEP § 704.12 Replies to a Requirement for Information](https://www.frixlaw.com/law-library/statutes/MPEP_S704.12.md)
- [MPEP § 704.12(a) Relationship of Requirement for Information to Duty of Disclosure](https://www.frixlaw.com/law-library/statutes/MPEP_S704.12(a).md)
- [MPEP § 704.12(b) What Constitutes a Complete Reply](https://www.frixlaw.com/law-library/statutes/MPEP_S704.12(b).md)
- [MPEP § 704.12(c) Treatment of an Incomplete Reply](https://www.frixlaw.com/law-library/statutes/MPEP_S704.12(c).md)
- [MPEP § 704.13 Time Periods for Reply](https://www.frixlaw.com/law-library/statutes/MPEP_S704.13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S717.01(c). Check the current official text before relying on it. Not legal advice.