What is a statutory declaration and how does it relate to patent applications?
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 statutory declaration is an alternative to a traditional oath or declaration in patent applications. According to MPEP 602, “Office personnel are authorized to accept a statutory declaration under 28 U.S.C. 1746 filed in the U.S. Patent and Trademark Office in lieu of an ‘oath’ or declaration under 35 U.S.C. 25 and 37 CFR 1.68, provided the statutory declaration otherwise complies with the requirements of law.” This allows applicants to submit a written statement under penalty of perjury, which can be executed within or outside the United States, without the need for a notary or other official to administer an oath.