What certifications are made when submitting papers to the USPTO?

When submitting papers to the USPTO, two key certifications are made under 37 CFR 11.18(b):

1. Statements made are subject to the declaration clause of 37 CFR 1.68
2. The certification required for papers filed in federal court under Rule 11(b) of the Federal Rules of Civil Procedure

Specifically, 37 CFR 11.18(b) states that by presenting any paper to the USPTO, the party certifies that:

‘All statements made therein of the party’s own knowledge are true, all statements made therein on information and belief are believed to be true, and all statements made therein are made with the knowledge that whoever, in any matter within the jurisdiction of the Office, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or knowingly and willfully makes any false, fictitious, or fraudulent statements or representations, or knowingly and willfully makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be subject to the penalties set forth under 18 U.S.C. 1001 and any other applicable criminal statute’

This applies to both practitioners and non-practitioners submitting papers to the USPTO.