What is a substitute statement and when can it be used in place of an inventor’s oath or declaration?

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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 used in place of an inventor’s oath or declaration under certain circumstances. According to 37 CFR 1.64 , an applicant may execute a substitute statement if the inventor: Is deceased Is under a legal incapacity Has refused to execute the oath or declaration Cannot be found or reached after diligent effort The substitute statement must comply with specific requirements outlined in 37 CFR 1.64(b), including identifying the inventor, the person executing the statement, and the circumstances permitting its use. For more details on substitute statements, see MPEP § 604 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substitute Statement Requirement for Oath or Declaration MPEP 604 Prohibited Substitute Statement by Legal Representative or Applicant MPEP 604 Permitted Substitute Statement In Lieu of Oath/Declaration MPEP 604 Legal Representative Must Execute Substitute Statement for Deceased Inventor MPEP 604 Inventor's Substitute Statement Requirement MPEP 604 Prohibited Substitute Statement for Missing Signatures MPEP 604 Recommended Assignee Can Execute Substitute Statement MPEP 604 Permitted Substitute Statement Must Acknowledge False Statements MPEP 604 Required Substitute Statement Must Acknowledge Willful Falsehoods MPEP 604 Required Inventor's Oath/Declaration Substitute Allowed Under Certain Conditions MPEP 604 Prohibited Other Related FAQs 5 FAQs Collapse What happens to a patent application if an inventor dies after filing but before issuance? What happens if an inventor becomes available after a 37 CFR 1.47(a) petition is granted? What happens if the last-known address of an unavailable inventor is invali...