MPEP § 602 — Oaths and Declarations (Annotated Rules)

§602 Oaths and Declarations

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 602, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Oaths and Declarations

This section addresses Oaths and Declarations. Primary authority: 35 U.S.C. 26, 35 U.S.C. 25, and 37 CFR 1.4(d)(1)(ii). Contains: 7 requirements, 1 prohibition, 4 guidance statements, 2 permissions, and 7 other statements.

Key Rules

Topic

PTAB Jurisdiction

14 rules
StatutoryInformativeAlways
[mpep-602-bd9912a2949a1905cc645c02]
Attorney May Administer Oath as Notary
Note:
An attorney in the application can administer an oath as a notary if it is permissible under the jurisdiction's law.

The language of 35 U.S.C. 115 and 37 CFR 1.66 is such that an attorney in the application is not barred from administering the oath as notary. The Office presumes that an attorney acting as notary is cognizant of the extent of his or her authority and jurisdiction and will not knowingly jeopardize his or her client’s rights by performing an illegal act. If such practice is permissible under the law of the jurisdiction where the oath is administered, then the oath is a valid oath.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-602-9499e941df417bfc9b4e9276]
Attorney Notary Must Be Cognizant of Jurisdictional Limits
Note:
An attorney acting as a notary must be aware of their authority and jurisdiction, and should not jeopardize their client’s rights by performing illegal acts. The oath is valid if such practice is permissible under the law of the jurisdiction where it is administered.

The language of 35 U.S.C. 115 and 37 CFR 1.66 is such that an attorney in the application is not barred from administering the oath as notary. The Office presumes that an attorney acting as notary is cognizant of the extent of his or her authority and jurisdiction and will not knowingly jeopardize his or her client’s rights by performing an illegal act. If such practice is permissible under the law of the jurisdiction where the oath is administered, then the oath is a valid oath.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryPermittedAlways
[mpep-602-70c9479c2de64bef3aeca3ca]
Application File May Be Referred to Enrollment and Discipline Office
Note:
If an oath is administered by the attorney in a jurisdiction where it's invalid, submit a new oath or declaration and refer the application file to the Office of Enrollment and Discipline.

The law of the District of Columbia prohibits the administering of oaths by the attorney in the case. If the oath is known to be void because of being administered by the attorney in a jurisdiction where the law holds this to be invalid, a new oath or declaration should be submitted. The application file may be referred to the Office of Enrollment and Discipline. See 37 CFR 1.66 and MPEP § 604.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionAccess to Patent Application Files (MPEP 101-106)Access to Oath/Declaration
StatutoryRequiredAlways
[mpep-602-ffd6d6f22870380fea70f882]
Seal Requirement for Oath Administrator
Note:
The official character of the person administering an oath must be established by competent evidence if no seal is provided.

When the person before whom the oath or affirmation is made in this country is not provided with a seal, his or her official character shall be established by competent evidence, as by a certificate from a clerk of a court of record or other proper officer having a seal, except as noted above. When the issue concerns the authority of the person administering the oath, proof of authority may be required. Depending on the jurisdiction, the seal may be either embossed or rubber stamped. The latter should not be confused with a stamped legend indicating only the date of expiration of the notary’s commission.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case ProceduresPatent Term Expiration
StatutoryRequiredAlways
[mpep-602-239c1ee7f768885c90be2524]
Proof of Authority for Oath Administrator Required
Note:
When the authority of a person administering an oath is in question, proof of that authority must be provided.

When the person before whom the oath or affirmation is made in this country is not provided with a seal, his or her official character shall be established by competent evidence, as by a certificate from a clerk of a court of record or other proper officer having a seal, except as noted above. When the issue concerns the authority of the person administering the oath, proof of authority may be required. Depending on the jurisdiction, the seal may be either embossed or rubber stamped. The latter should not be confused with a stamped legend indicating only the date of expiration of the notary’s commission.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case ProceduresPatent Term Expiration
StatutoryPermittedAlways
[mpep-602-7628500a3068a8ad38e2bd5a]
Seal Must Be Embossed or Rubber Stamped Depending on Jurisdiction
Note:
The seal used for official documents must be either embossed or rubber stamped, depending on the jurisdiction's requirements.

When the person before whom the oath or affirmation is made in this country is not provided with a seal, his or her official character shall be established by competent evidence, as by a certificate from a clerk of a court of record or other proper officer having a seal, except as noted above. When the issue concerns the authority of the person administering the oath, proof of authority may be required. Depending on the jurisdiction, the seal may be either embossed or rubber stamped. The latter should not be confused with a stamped legend indicating only the date of expiration of the notary’s commission.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case ProceduresPatent Term Expiration
StatutoryRecommendedAlways
[mpep-602-444404fed4efb336bd957187]
Notary Seal vs Expiration Legend
Note:
Establishes that a notary’s official character is confirmed by a seal, not the date expiration legend.

When the person before whom the oath or affirmation is made in this country is not provided with a seal, his or her official character shall be established by competent evidence, as by a certificate from a clerk of a court of record or other proper officer having a seal, except as noted above. When the issue concerns the authority of the person administering the oath, proof of authority may be required. Depending on the jurisdiction, the seal may be either embossed or rubber stamped. The latter should not be confused with a stamped legend indicating only the date of expiration of the notary’s commission.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case ProceduresPatent Term Expiration
StatutoryInformativeAlways
[mpep-602-2cde361594c3f9ebec34aa38]
Venue Must Correspond with Notary Jurisdiction
Note:
An oath or affidavit must indicate where the oath is taken, and this venue must match the notary's jurisdiction.

That portion of an oath or affidavit indicating where the oath is taken is known as the venue. Where the county and state in the venue agree with the county and state in the seal, no problem arises. If the venue and seal do not correspond in county and state, the jurisdiction of the notary must be determined from statements by the notary appearing on the oath. Venue and notary jurisdiction must correspond or the oath is improper. The oath should show on its face that it was taken within the jurisdiction of the certifying officer or notary. This may be given either in the venue or in the body of the jurat. Otherwise, a new oath or declaration, or a certificate of the notary that the oath was taken within his or her jurisdiction, should be submitted.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-602-578c325d7f58a4c84fe0650f]
Venue and Seal Must Match County and State
Note:
The oath's venue must match the notary's jurisdiction in both county and state to be valid.

That portion of an oath or affidavit indicating where the oath is taken is known as the venue. Where the county and state in the venue agree with the county and state in the seal, no problem arises. If the venue and seal do not correspond in county and state, the jurisdiction of the notary must be determined from statements by the notary appearing on the oath. Venue and notary jurisdiction must correspond or the oath is improper. The oath should show on its face that it was taken within the jurisdiction of the certifying officer or notary. This may be given either in the venue or in the body of the jurat. Otherwise, a new oath or declaration, or a certificate of the notary that the oath was taken within his or her jurisdiction, should be submitted.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryRequiredAlways
[mpep-602-55ca412860074c22e3971237]
Jurisdiction Determination for Oaths with Mismatched Venue and Seal
Note:
If the county and state in an oath's venue do not match those in the seal, the notary’s jurisdiction must be confirmed by statements within the oath.

That portion of an oath or affidavit indicating where the oath is taken is known as the venue. Where the county and state in the venue agree with the county and state in the seal, no problem arises. If the venue and seal do not correspond in county and state, the jurisdiction of the notary must be determined from statements by the notary appearing on the oath. Venue and notary jurisdiction must correspond or the oath is improper. The oath should show on its face that it was taken within the jurisdiction of the certifying officer or notary. This may be given either in the venue or in the body of the jurat. Otherwise, a new oath or declaration, or a certificate of the notary that the oath was taken within his or her jurisdiction, should be submitted.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryRequiredAlways
[mpep-602-f42df45b6544572496a95898]
Venue Must Match Notary Jurisdiction for Oath
Note:
The oath must be taken in the same county and state as the notary's jurisdiction; otherwise, a new oath or declaration is required.

That portion of an oath or affidavit indicating where the oath is taken is known as the venue. Where the county and state in the venue agree with the county and state in the seal, no problem arises. If the venue and seal do not correspond in county and state, the jurisdiction of the notary must be determined from statements by the notary appearing on the oath. Venue and notary jurisdiction must correspond or the oath is improper. The oath should show on its face that it was taken within the jurisdiction of the certifying officer or notary. This may be given either in the venue or in the body of the jurat. Otherwise, a new oath or declaration, or a certificate of the notary that the oath was taken within his or her jurisdiction, should be submitted.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryRecommendedAlways
[mpep-602-bda93043b59049f70284ebd6]
Oath Must Show Taken Within Notary's Jurisdiction
Note:
An oath must indicate it was taken within the notary’s jurisdiction, either in the venue or jurat body.

That portion of an oath or affidavit indicating where the oath is taken is known as the venue. Where the county and state in the venue agree with the county and state in the seal, no problem arises. If the venue and seal do not correspond in county and state, the jurisdiction of the notary must be determined from statements by the notary appearing on the oath. Venue and notary jurisdiction must correspond or the oath is improper. The oath should show on its face that it was taken within the jurisdiction of the certifying officer or notary. This may be given either in the venue or in the body of the jurat. Otherwise, a new oath or declaration, or a certificate of the notary that the oath was taken within his or her jurisdiction, should be submitted.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryRecommendedAlways
[mpep-602-441b35cb4388f0996f889ee7]
Oath Must Be Taken Within Notary's Jurisdiction
Note:
An oath must be taken within the notary’s jurisdiction as stated in the venue. If not, a new oath or a certificate from the notary confirming the oath was taken within their jurisdiction is required.

That portion of an oath or affidavit indicating where the oath is taken is known as the venue. Where the county and state in the venue agree with the county and state in the seal, no problem arises. If the venue and seal do not correspond in county and state, the jurisdiction of the notary must be determined from statements by the notary appearing on the oath. Venue and notary jurisdiction must correspond or the oath is improper. The oath should show on its face that it was taken within the jurisdiction of the certifying officer or notary. This may be given either in the venue or in the body of the jurat. Otherwise, a new oath or declaration, or a certificate of the notary that the oath was taken within his or her jurisdiction, should be submitted.

Jump to MPEP Source · 37 CFR 1.66PTAB JurisdictionPTAB Contested Case Procedures
StatutoryRequiredAlways
[mpep-602-6dfbf963cb7b6a2ccfe5b765]
False Statements In US Department Matters Prohibited
Note:
Prohibits knowingly making false, fictitious, or fraudulent statements in matters within the jurisdiction of any US department or agency.

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case Procedures
Topic

Inventor Signature Requirements

9 rules
StatutoryPermittedAlways
[mpep-602-feae4e452839d7d67744bf84]
Written Declaration Requirement for Patent Documents
Note:
The Director can prescribe instances where a written declaration may replace an oath for any document filed in the Patent and Trademark Office, provided it complies with specific requirements.

By statute, 35 U.S.C. 25, the Director has been empowered to prescribe instances when a written declaration may be accepted in lieu of the oath for “any document to be filed in the Patent and Trademark Office.” A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies with the requirements of 37 CFR 1.68. A 37 CFR 1.68 declaration need not be ribboned to the other papers, even if signed in a country foreign to the United States. However, because it is an integral part of the application, it must be maintained together therewith. When a declaration is used, it is unnecessary to appear before any official in connection with the making of the declaration.

Jump to MPEP Source · 37 CFR 1.68Inventor Signature RequirementsSignature Requirements
StatutoryPermittedAlways
[mpep-602-7c08ce283241460853096d33]
Requirement for Declaration Instead of Oath
Note:
A declaration can be submitted in place of an oath for any document filed with the Patent and Trademark Office, provided it meets the requirements set by 37 CFR 1.68.

By statute, 35 U.S.C. 25, the Director has been empowered to prescribe instances when a written declaration may be accepted in lieu of the oath for “any document to be filed in the Patent and Trademark Office.” A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies with the requirements of 37 CFR 1.68. A 37 CFR 1.68 declaration need not be ribboned to the other papers, even if signed in a country foreign to the United States. However, because it is an integral part of the application, it must be maintained together therewith. When a declaration is used, it is unnecessary to appear before any official in connection with the making of the declaration.

Jump to MPEP Source · 37 CFR 1.68Inventor Signature RequirementsSignature Requirements
StatutoryRequiredAlways
[mpep-602-2d5bc036fe0d2c1f9d16e5f2]
Declaration Must Be Maintained With Application
Note:
A declaration signed in a foreign country must be kept with the application but need not be physically attached to other papers.

By statute, 35 U.S.C. 25, the Director has been empowered to prescribe instances when a written declaration may be accepted in lieu of the oath for “any document to be filed in the Patent and Trademark Office.” A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies with the requirements of 37 CFR 1.68. A 37 CFR 1.68 declaration need not be ribboned to the other papers, even if signed in a country foreign to the United States. However, because it is an integral part of the application, it must be maintained together therewith. When a declaration is used, it is unnecessary to appear before any official in connection with the making of the declaration.

Jump to MPEP Source · 37 CFR 1.68Inventor Signature RequirementsSignature Requirements
StatutoryInformativeAlways
[mpep-602-262cd45c7a3d8a8ff63e8092]
Declaration Requirement Not Subject to Official Review
Note:
A declaration used in lieu of an oath does not need to be witnessed by any official.

By statute, 35 U.S.C. 25, the Director has been empowered to prescribe instances when a written declaration may be accepted in lieu of the oath for “any document to be filed in the Patent and Trademark Office.” A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies with the requirements of 37 CFR 1.68. A 37 CFR 1.68 declaration need not be ribboned to the other papers, even if signed in a country foreign to the United States. However, because it is an integral part of the application, it must be maintained together therewith. When a declaration is used, it is unnecessary to appear before any official in connection with the making of the declaration.

Jump to MPEP Source · 37 CFR 1.68Inventor Signature RequirementsSignature Requirements
StatutoryRequiredAlways
[mpep-602-ede7a0fae2d4b67e0f6572d7]
Unsworn Declaration Requirement for Legal Support
Note:
This rule permits the use of an unsworn declaration, signed and dated by the person making it, as a valid substitute for a sworn affidavit or statement in writing under penalty of perjury.

Whenever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: [1] If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” [2] If executed within the United States its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Jump to MPEP SourceInventor Signature RequirementsSignature Requirements
StatutoryInformativeAlways
[mpep-602-41658ca6fefcfaf1aeaffb8f]
Perjury Declaration Requirement for Foreign Submissions
Note:
This rule requires that any sworn declaration, verification, or statement made outside the United States be signed with a perjury declaration under U.S. law.

Whenever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: [1] If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” [2] If executed within the United States its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Jump to MPEP SourceInventor Signature RequirementsSignature Requirements
StatutoryInformativeAlways
[mpep-602-e064a231fe654a365e2b190d]
Requirement for Unsworn Declarations Outside U.S.
Note:
This rule permits the use of unsworn declarations, signed under penalty of perjury, outside the United States to support legal matters that would otherwise require sworn affidavits.

Whenever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: [1] If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” [2] If executed within the United States its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Jump to MPEP SourceInventor Signature RequirementsSignature Requirements
StatutoryInformativeAlways
[mpep-602-4f81630477e851e82096797a]
Declaration Requirement for US Filings
Note:
Inventors must declare under penalty of perjury that their statements are true and correct when filing in the United States.

Whenever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: [1] If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” [2] If executed within the United States its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Jump to MPEP SourceInventor Signature RequirementsSignature Requirements
StatutoryInformativeAlways
[mpep-602-fa6dd391f41a59de396fb2d9]
Requirement for Unsworn Declarations Outside U.S.
Note:
This rule permits unsworn declarations, signed under penalty of perjury, to be used as evidence outside the United States.

Whenever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: [1] If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” [2] If executed within the United States its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Jump to MPEP SourceInventor Signature RequirementsSignature Requirements
Topic

Access to Patent Application Files (MPEP 101-106)

3 rules
StatutoryInformativeAlways
[mpep-602-bb800fc6e919815ea43af4be]
Seal Requirement for Oaths
Note:
An oath must be impressed with a seal unless executed by military personnel or in specific states.

A seal is usually impressed on an oath. Documents with seals cannot be adequately scanned for retention in an Image File Wrapper, and because the Office maintains patent applications in an image form, the Office strongly encourages the use of declarations rather than oaths. However, oaths executed by military personnel in accordance with 10 U.S.C. 1044(a) and those executed in many states including Alabama, Louisiana, Maryland, Massachusetts, New Jersey, New York, Rhode Island, South Carolina, and Virginia need not be impressed with a seal. See paragraph B. below for information regarding venue.

Jump to MPEP Source · 37 CFR 1.66Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents
StatutoryProhibitedAlways
[mpep-602-98510bc97090d99ee4a25621]
Oaths Without Seals Required for Patent Applications
Note:
Patent applications must use oaths without seals, except for those executed by military personnel or in specific states.

A seal is usually impressed on an oath. Documents with seals cannot be adequately scanned for retention in an Image File Wrapper, and because the Office maintains patent applications in an image form, the Office strongly encourages the use of declarations rather than oaths. However, oaths executed by military personnel in accordance with 10 U.S.C. 1044(a) and those executed in many states including Alabama, Louisiana, Maryland, Massachusetts, New Jersey, New York, Rhode Island, South Carolina, and Virginia need not be impressed with a seal. See paragraph B. below for information regarding venue.

Jump to MPEP Source · 37 CFR 1.66Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents
StatutoryInformativeAlways
[mpep-602-a441d897eb770d1a93b78cde]
Oaths Executed by Military Personnel Need No Seal
Note:
This rule states that oaths executed by military personnel in accordance with 10 U.S.C. 1044(a) do not need to be impressed with a seal for retention in an image form.

A seal is usually impressed on an oath. Documents with seals cannot be adequately scanned for retention in an Image File Wrapper, and because the Office maintains patent applications in an image form, the Office strongly encourages the use of declarations rather than oaths. However, oaths executed by military personnel in accordance with 10 U.S.C. 1044(a) and those executed in many states including Alabama, Louisiana, Maryland, Massachusetts, New Jersey, New York, Rhode Island, South Carolina, and Virginia need not be impressed with a seal. See paragraph B. below for information regarding venue.

Jump to MPEP Source · 37 CFR 1.66Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents
Topic

Access to Oath/Declaration

2 rules
StatutoryInformativeAlways
[mpep-602-cd7341cbdb82839221f96211]
Attorney Cannot Administer Oaths
Note:
The attorney in the case is not allowed to administer oaths. If an invalid oath is administered, a new one must be submitted.

The law of the District of Columbia prohibits the administering of oaths by the attorney in the case. If the oath is known to be void because of being administered by the attorney in a jurisdiction where the law holds this to be invalid, a new oath or declaration should be submitted. The application file may be referred to the Office of Enrollment and Discipline. See 37 CFR 1.66 and MPEP § 604.

Jump to MPEP Source · 37 CFR 1.66Access to Oath/DeclarationAccess to Specific Document TypesPTAB Jurisdiction
StatutoryRecommendedAlways
[mpep-602-43f259f1026405069f539ca2]
New Oath Or Declaration Needed When Administered By Attorney In Invalid Jurisdiction
Note:
A new oath or declaration must be submitted if the original is void due to being administered by an attorney in a jurisdiction where it is invalid.

The law of the District of Columbia prohibits the administering of oaths by the attorney in the case. If the oath is known to be void because of being administered by the attorney in a jurisdiction where the law holds this to be invalid, a new oath or declaration should be submitted. The application file may be referred to the Office of Enrollment and Discipline. See 37 CFR 1.66 and MPEP § 604.

Jump to MPEP Source · 37 CFR 1.66Access to Oath/DeclarationAccess to Specific Document TypesPTAB Jurisdiction
Topic

Signature Requirements

2 rules
StatutoryInformativeAlways
[mpep-602-916aabc1edad7aa55331cc40]
Unsworn Declaration Requirement
Note:
This rule permits the use of an unsworn declaration, signed and dated by the declarant, to support legal requirements in the United States.

Whenever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: [1] If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” [2] If executed within the United States its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Jump to MPEP SourceSignature RequirementsInventor Signature Requirements
StatutoryInformativeAlways
[mpep-602-831e750348c7d30d9f3316cc]
Unsworn Declaration Must Be Signed
Note:
An unsworn declaration, verification, or statement must be signed and dated by the person making it under penalty of perjury.

Whenever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: [1] If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” [2] If executed within the United States its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Jump to MPEP SourceSignature RequirementsInventor Signature Requirements

Citations

Primary topicCitation
PTAB Jurisdiction35 U.S.C. § 115
Inventor Signature Requirements35 U.S.C. § 25
37 CFR § 1.4(d)(1)(ii)
Access to Oath/Declaration
PTAB Jurisdiction
37 CFR § 1.66
Inventor Signature Requirements37 CFR § 1.68
MPEP § 502.01
MPEP § 602.04
Access to Oath/Declaration
PTAB Jurisdiction
MPEP § 604

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31