35 U.S.C. § 25 — Declaration in lieu of oath (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 25 Declaration in lieu of oath
This page consolidates MPEP guidance interpreting 35 U.S.C. § 25, including 7 rules 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.
Summary
35 USC 25 empowers the USPTO Director to prescribe when written declarations can replace traditional oaths in patent document submissions.
What this section covers
- Explains the statutory authority allowing written declarations as alternatives to traditional patent filing oaths.
- Describes the Director's discretionary power to determine when declarations can substitute for standard oaths.
Key obligations
- Ensure the declaration is an integral part of the patent application and meets all required specifications.
- Verify that the inventor's declaration meets the USPTO's requirements for patent document submissions.
Practice notes
- Carefully review declaration language to ensure it meets all statutory requirements for patent filing.
- Recognize that a properly executed declaration serves as a legally binding alternative to a traditional sworn oath.
Official MPEP § 25 — Declaration in lieu of oath
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 25 Declaration in lieu of oath.
- (a) The Director may by rule prescribe that any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be under oath may be subscribed to by a written declaration in such form as the Director may prescribe, such declaration to be in lieu of the oath otherwise required.
- (b) Whenever such written declaration is used, the document must warn the declarant that willful false statements and the like are punishable by fine or imprisonment, or both ( 18 U.S.C. 1001 ).
(Added Mar. 26, 1964, Public Law 88-292, sec. 1, 78 Stat. 171; amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
| MPEP Section | Rules |
|---|---|
| MPEP § 602 |