What is a substitute statement and when can it be used instead of an oath or declaration?

What is a substitute statement and when can it be used instead of an oath or declaration?

A substitute statement is a document that can be filed in place of an oath or declaration under certain circumstances. According to MPEP 602:

“When an inventor is deceased, legally incapacitated, cannot be found or reached after diligent effort, or refuses to execute an oath or declaration, the applicant under 37 CFR 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration.”

The substitute statement can be used in the following situations:

• The inventor is deceased
• The inventor is legally incapacitated
• The inventor cannot be found or reached after diligent effort
• The inventor refuses to execute the oath or declaration

The substitute statement must:

• Identify the inventor to whom it applies
• State the circumstances justifying its use
• Include an acknowledgment that willful false statements are punishable by fine or imprisonment

It’s important to note that the substitute statement must be signed by the appropriate party as specified in 37 CFR 1.64, which may include the applicant or an assignee.

To learn more:

• substitute statement
• oath replacement
• declaration alternative
• inventor unavailable
• legal incapacity