35 U.S.C. § 26 — Effect of defective execution (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 26 Effect of defective execution
This page consolidates MPEP guidance interpreting 35 U.S.C. § 26, including 4 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
This section explains the provisional acceptance of oaths and declarations that may be defective in execution for patent filings, including key obligations and potential consequences if not followed.
What this section covers
- This section covers oaths and declarations required to be executed in a specified manner for patent filings.
Key obligations
- Practitioners must ensure documents are executed in the specified manner to avoid provisional acceptance.
- Failure to comply may result in rejection or delay of the patent application process.
Practice notes
- Review and understand the specific requirements for executing oaths and declarations.
- Avoid common mistakes such as missing signatures or incorrect notary information on executed documents.
Official MPEP § 26 — Effect of defective execution
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 26 Effect of defective execution.
Any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accepted by the Director despite a defective execution, provided a properly executed document is submitted within such time as may be prescribed.
(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)).)