What is the Hague Convention Apostille and how does it affect patent application oaths?

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.

The Hague Convention Apostille is an international certification that simplifies the authentication process for documents executed in foreign countries. For patent applications, it affects the execution of oaths as follows:

“The Convention abolishes the certification of the authority of the notary public in a member country by a diplomatic or consular officer of the United States and substitutes certification by a special certificate, or apostille, executed by an officer of the member country.”

This means that for member countries of the Hague Convention, an apostille can replace the need for certification by a U.S. diplomatic or consular officer. The USPTO will accept documents with an apostille for filing or recording. You can find a list of current member countries on the Hague Conference on Private International Law website.