What is a substitute statement in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A substitute statement is a document that can be executed in lieu of an oath or declaration in certain circumstances. According to 37 CFR 1.64(a) , “ An applicant under § 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under a legal incapacity, has refused to execute the oath or declaration under § 1.63, or cannot be found or reached after diligent effort. “ This provision allows certain parties to move forward with a patent application when the inventor is unavailable or unwilling to sign the required documents. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substitute Statement Requirement for Oath or Declaration MPEP 604 Prohibited Substitute Statement In Lieu of Oath/Declaration MPEP 604 All Parties Can Sign Substitute Statement Under 37 CFR 1.46 MPEP 604 Permitted Substitute Statement by Legal Representative or Applicant MPEP 604 Permitted Joint Inventors Must Execute Substitute Statement MPEP 604 Prohibited Applicant Must Execute Substitute Statement MPEP 604 Permitted Both Companies Must Sign Patent Application MPEP 604 Requirements for Substitute Statement MPEP 604 Required Inventor's Substitute Statement Requirement MPEP 604 Prohibited All Parties Must Sign Substitute Statement for Non-Signing Inventor MPEP 604 Required Other Related FAQs 5 FAQs Collapse What are the requirements for a substitute statement in lieu of an oath or declaration? Can a substitute statement be filed in a provisional application? What is a substitute statement and when can it be used in place of an inventor&#8217;s oath or declaration? What happens if an applicant submits both a substitute sta...