Who can execute a substitute statement?

Several parties may execute a substitute statement under specific circumstances:

• The inventor’s legal representative under 37 CFR 1.43, if the inventor is deceased or legally incapacitated
• Other joint inventors under 37 CFR 1.45, if the inventor refuses to execute the oath or declaration or cannot be found
• An applicant under 37 CFR 1.46 who is the assignee or party to whom the inventor is obligated to assign
• An applicant under 37 CFR 1.46 who shows sufficient proprietary interest in the invention

It’s important to note that “All parties having any portion of the ownership in the patent must act together as a composite entity in patent matters before the Office.“

To learn more:

• substitute statement
• patent application
• legal representative
• joint inventors
• assignee