What certifications are made when presenting a paper to the USPTO?
When presenting any paper to the USPTO, the party (whether a practitioner or non-practitioner) is making important certifications as outlined in 37 CFR 11.18(b):
- All statements made of the party’s own knowledge are true.
- Statements made on information and belief are believed to be true.
- The paper is not being presented for any improper purpose (e.g., harassment, delay).
- Legal contentions are warranted by existing law or non-frivolous arguments for changes in the law.
- Factual contentions have or are likely to have evidentiary support.
- Denials of factual contentions are warranted or based on lack of information or belief.
The MPEP notes: “37 CFR 11.18(b) provides that, by presenting any paper to the Office, the party presenting such paper (whether a practitioner or non-practitioner) is: (1) certifying that the statements made therein are subject to the declaration clause of 37 CFR 1.68; and (2) making the certifications required for papers filed in a federal court under Rule 11(b) of the Federal Rules of Civil Procedure.”
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure