What information must be included in a substitute statement for a deceased or incapacitated inventor?

What information must be included in a substitute statement for a deceased or incapacitated inventor?

When filing a substitute statement for a deceased or legally incapacitated inventor, specific information must be included to ensure its validity. According to MPEP 409.01(a) and 37 CFR 1.64, a substitute statement must contain:

• Identification of the inventor to whom the substitute statement applies
• The circumstances permitting the use of a substitute statement (e.g., death, legal incapacity)
• A statement that the person signing:
• Has reviewed and understands the contents of the application
• Believes the named inventor to be the original inventor of the claimed invention
• Acknowledges the duty to disclose information material to patentability
• The relationship of the person signing to the inventor

Additionally, the substitute statement must:

• Identify the person executing the substitute statement and the capacity in which they are signing
• Be signed in accordance with 37 CFR 1.64(a)

Ensuring all required information is included in the substitute statement is crucial for the proper processing of the patent application in cases where the inventor is unavailable.

To learn more:

• Substitute statement
• Deceased inventor
• Legally incapacitated inventor
• Patent application
• Required information