What is a substitute statement for a deceased inventor and when is it required?
What is a substitute statement for a deceased inventor and when is it required?
A substitute statement is a document that replaces the inventor’s oath or declaration when the inventor is deceased, legally incapacitated, or otherwise unavailable. For a deceased inventor, it is required when filing a patent application on or after September 16, 2012.
According to MPEP 409.01(a):
The substitute statement must comply with the requirements of 35 U.S.C. 115(d) and 37 CFR 1.64.
The substitute statement must:
- Identify the inventor to whom it applies
- Identify the person executing the substitute statement
- Include a statement that the person executing the substitute statement believes the named inventor to be the original inventor
- State the circumstances permitting the person to execute the substitute statement (e.g., the inventor’s death)
This statement allows the patent application process to proceed in cases where the inventor cannot personally execute the required oath or declaration.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure