37 CFR § 1.64 — Substitute statement in lieu of an oath or (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.64 Substitute statement in lieu of an oath or
This page consolidates MPEP guidance interpreting 37 CFR § 1.64, including 218 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
The substitute statement in lieu of an oath or declaration is a critical requirement for reissue applications post-AIA, ensuring proper filing and inventor identification.
What this section covers
- This section covers the requirements for filing a substitute statement in lieu of an oath or declaration for reissue applications post-AIA.
- It includes the identification of the reissue applicant and inventor, as well as the signature requirement.
Key obligations
- The primary requirement is to file a substitute statement in lieu of an oath or declaration for reissue applications post-AIA.
- The statement must be signed by the reissue applicant or inventor, ensuring proper authority.
Practice notes
- Ensure the substitute statement is properly formatted and signed to avoid delays in processing.
- Verify that the reissue applicant is indeed the current patent owner to comply with filing requirements.
Official MPEP § 1.64 — Substitute statement in lieu of an oath or
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.64 Substitute statement in lieu of an oath or declaration.
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]
- (a) An applicant under § 1.43 , 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under a legal incapacity, has refused to execute the oath or declaration under § 1.63 , or cannot be found or reached after diligent effort.
- (b) A substitute statement under this section
must:
- (1) Comply with the requirements of § 1.63(a) , identifying the inventor or joint inventor with respect to whom a substitute statement in lieu of an oath or declaration is executed, and stating upon information and belief the facts which such inventor is required to state;
- (2) Identify the person executing the substitute statement and the relationship of such person to the inventor or joint inventor with respect to whom the substitute statement is executed, and unless such information is supplied in an application data sheet in accordance with § 1.76 , the residence and mailing address of the person signing the substitute statement;
- (3) Identify the circumstances permitting the person to execute the substitute statement in lieu of an oath or declaration under § 1.63 , namely whether the inventor is deceased, is under a legal incapacity, cannot be found or reached after a diligent effort was made, or has refused to execute the oath or declaration under § 1.63 ; and
- (4) Unless the following information
is supplied in an application data sheet in accordance with §
1.76
,
also identify:
- (i) Each inventor by his or her legal name; and
- (ii) The last known mailing address where the inventor customarily receives mail, and last known residence, if an inventor lives at a location which is different from where the inventor customarily receives mail, for each inventor who is not deceased or under a legal incapacity.
- (c) A person may not execute a substitute statement provided for in this section for an application unless that person has reviewed and understands the contents of the application, including the claims, and is aware of the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56 .
- (d) Any reference to an inventor’s oath or declaration includes a substitute statement provided for in this section.
- (e) A substitute statement under this section must contain an acknowledgment that any willful false statement made in such statement is punishable under section 1001 of title 18 by fine or imprisonment of not more than 5 years, or both.
- (f) A nonsigning inventor or legal representative may subsequently join in the application by submitting an oath or declaration under § 1.63 . The submission of an oath or declaration by a nonsigning inventor or legal representative in an application filed under § 1.43 , 1.45 or 1.46 will not permit the nonsigning inventor or legal representative to revoke or grant a power of attorney.
[48 FR 2696, Jan. 20, 1983, added effective Feb. 27, 1983; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
[ *The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.64 (pre‑AIA) for the rule otherwise in effect.]
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