How is a declaration different from an affidavit according to USPTO guidelines?

A declaration is a written statement that is made under penalty of perjury, while an affidavit is also a written statement that is sworn to be true in front of a notary public or another authorized officer. The distinction lies in the formalities involved. In this context, one of the key differences is that an affidavit must explicitly include an acknowledgment of the penalties for making a false statement, which is often referred to as a jurat. This requirement serves to emphasize the seriousness of submitting false information under oath.

On the other hand, a declaration does not require this formal acknowledgment and can be made outside of a notary setting, making it less rigid in terms of procedural requirements. Although declarations also carry with them the risk of penalties for false statements, they are typically filed directly with the USPTO without notarial validation, which is a distinct feature that adds to their practical applicability in patent prosecution.

This distinction aligns with the guidelines set forth by the USPTO regarding the submission of documents and evidentiary support in patent applications. Consequently, the necessity for an acknowledgment of penalties for falsehoods specifically pertains to affidavits, solidifying the accuracy of recognizing this difference.