What information must be included in a substitute statement?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
A substitute statement must contain specific information as outlined in 37 CFR 1.64(b):
- Comply with the requirements of 37 CFR 1.63(a), identifying the inventor and stating required facts
- Identify the person executing the statement and their relationship to the inventor
- Identify the circumstances permitting the substitute statement
- Provide the last known mailing address and residence of the inventor (if not in the application data sheet)
Additionally, the statement must include an acknowledgment that “any willful false statement made in such statement is punishable under section 1001 of title 18 by fine or imprisonment of not more than 5 years, or both.“
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