When can a substitute statement be used in place of a reissue oath or declaration?

A substitute statement can be used in place of a reissue oath or declaration under certain circumstances. According to MPEP 1414.01:

“The patentee, or current patent owner if there has been an assignment, may sign a substitute statement, in accordance with 37 CFR 1.64, on behalf of an inventor who is deceased, legally incapacitated, cannot be found or reached after diligent effort, or refused to execute the oath or declaration under 37 CFR 1.175, even if the reissue application was filed to enlarge the scope of the claims (e.g., a broadening reissue).”

This provision allows for the continuation of the reissue process even when the inventor is unavailable or unwilling to sign the oath or declaration. The substitute statement must comply with the requirements of 37 CFR 1.64.

To learn more:

• substitute statement
• reissue oath
• reissue declaration
• patent owner
• unavailable inventor