What are the requirements for executing an oath in a foreign country for a U.S. patent application?
For patent applications filed on or after September 16, 2012, an oath executed in a foreign country must meet specific requirements as outlined in 37 CFR 1.66. The MPEP states:
“An oath made in a foreign country may be made before any diplomatic or consular officer of the United States authorized to administer oaths, or before any officer having an official seal and authorized to administer oaths in the foreign country in which the applicant may be, whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States, or by an apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States.”
In summary, the oath can be executed before a U.S. diplomatic or consular officer, or before an authorized foreign official with proper authentication.
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