When is it necessary to submit an additional affidavit or declaration?

It is necessary to submit an additional affidavit or declaration when using facts not found in previous publications because this allows the applicant to provide supporting evidence for assertions that cannot be substantiated by existing public information. In the patent examination process, the role of affidavits or declarations is to authenticate facts that add credibility to a claim or argument, particularly when those facts are novel or specific to the current application and have not been previously documented in published literature.

This practice is important to meet the burden of proof required to establish certain claims, such as showing unexpected results or demonstrating the utility of an invention. Affidavits and declarations serve as official statements that can fortify the application by presenting additional factual context that has not been captured in prior art.

Using facts from prior art or making arguments based on new theories may not necessarily require an affidavit or declaration, as these can often be supported by existing documentation or logical reasoning derived from the prior art itself. Lastly, modifying claims during examination focuses on the form and scope of the claims, rather than needing additional factual support through an affidavit or declaration.