37 CFR § 1.68 — Declaration in lieu of oath. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.68, including 30 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

37 CFR 1.68 provides a formal mechanism for applicants to submit a written declaration in place of a traditional oath when filing patent documents with the USPTO.

What this section covers

A procedural alternative to traditional patent application oaths that allows applicants to make official statements about their patent application.
A legal mechanism enabling applicants to provide essential application information through a standardized written declaration process.

Key obligations

Provide accurate and truthful information about the patent application in the declaration.
Include all necessary inventor and application details within the declaration document.
Ensure the declaration complies with USPTO requirements for formal patent application documentation.

Practice notes

Carefully verify that the declaration contains all required statements and signatures before submission.
Recognize that a declaration serves as a legally binding document equivalent to a traditional sworn oath.

Affidavit or Declaration Under §1.68 RequiredMPEP 2310.02
Ex Parte Deposition or Declaration Can Serve as AffidavitMPEP 2310.02Permitted
Certifications for Papers Filed with Office RequiredMPEP 402.03Required
Certifications for USPTO Papers RequiredMPEP 410Required
Completed Office Form Certification RequirementMPEP 410
Verification Not Required for Statements of FactsMPEP 410Permitted
Verification Not Required for Statements to USPTOMPEP 410
Oath/Declaration Statements Must Be VerifiedMPEP 410
Declaration Can Replace Oath For Patent FilingMPEP 602Required
Declaration Must Certify Truthfulness of StatementsMPEP 602Required
Written Declaration Requirement for Patent DocumentsMPEP 602Permitted
Requirement for Declaration Instead of OathMPEP 602Permitted
Declaration Must Be Maintained With ApplicationMPEP 602Required
Declaration Requirement Not Subject to Official ReviewMPEP 602
Statutory Declaration for Patent OfficeMPEP 602
Application Oath RequirementMPEP 602.04
New Oath Must Be Authenticated By Diplomatic OfficerMPEP 602.04Recommended
Improperly Authenticated Oaths Not Returned For AuthenticationMPEP 602.04
Declaration Can Substitute for Affidavit in Patent ApplicationsMPEP 715.04
Declaration Must Acknowledge False Statements and Patent JeopardyMPEP 715.04Required
Declaration Must Acknowledge Truthfulness of StatementsMPEP 715.04Required
Declaration Can Replace Affidavit in Patent ApplicationsMPEP 716
Declaration Must Acknowledge False StatementsMPEP 716Required
Declaration Must Acknowledge Truthfulness of StatementsMPEP 716Required
Declaration Can Replace Affidavit in Patent ApplicationsMPEP 717.01(c)
Declaration Must Acknowledge False Statements and Patent ImplicationsMPEP 717.01(c)Required
Declarant Must Certify Statement AccuracyMPEP 717.01(c)Required

Certifications for Papers Filed with Office RequiredMPEP 402.03Required
Certifications for USPTO Papers RequiredMPEP 410Required
Declaration Can Replace Oath For Patent FilingMPEP 602Required
Declaration Must Certify Truthfulness of StatementsMPEP 602Required
Declaration Must Be Maintained With ApplicationMPEP 602Required
Declaration Must Acknowledge False Statements and Patent JeopardyMPEP 715.04Required
Declaration Must Acknowledge Truthfulness of StatementsMPEP 715.04Required
Declaration Must Acknowledge False StatementsMPEP 716Required
Declaration Must Acknowledge Truthfulness of StatementsMPEP 716Required
Declaration Must Acknowledge False Statements and Patent ImplicationsMPEP 717.01(c)Required
Declarant Must Certify Statement AccuracyMPEP 717.01(c)Required

Oath or Declaration Not Required for Statement Under 1.97(e)MPEP 609.04(b)
Filing Requirement for Information Disclosure Statement Within Three Months of CitationMPEP 609.04(b)
Statement Acceptance for ComplianceMPEP 609.04(b)

MPEP Section	Rules
MPEP § 2310.02	Affidavit or Declaration Under §1.68 RequiredMPEP 2310.02 Ex Parte Deposition or Declaration Can Serve as AffidavitMPEP 2310.02Permitted
MPEP § 402.03	Certifications for Papers Filed with Office RequiredMPEP 402.03Required
MPEP § 410	Certifications for USPTO Papers RequiredMPEP 410Required Completed Office Form Certification RequirementMPEP 410 Verification Not Required for Statements of FactsMPEP 410Permitted Verification Not Required for Statements to USPTOMPEP 410 Oath/Declaration Statements Must Be VerifiedMPEP 410
MPEP § 602	Declaration Can Replace Oath For Patent FilingMPEP 602Required Declaration Must Certify Truthfulness of StatementsMPEP 602Required Written Declaration Requirement for Patent DocumentsMPEP 602Permitted Requirement for Declaration Instead of OathMPEP 602Permitted Declaration Must Be Maintained With ApplicationMPEP 602Required Declaration Requirement Not Subject to Official ReviewMPEP 602 Statutory Declaration for Patent OfficeMPEP 602
MPEP § 602.04	Application Oath RequirementMPEP 602.04 New Oath Must Be Authenticated By Diplomatic OfficerMPEP 602.04Recommended Improperly Authenticated Oaths Not Returned For AuthenticationMPEP 602.04
MPEP § 609.04(b)	Oath or Declaration Not Required for Statement Under 1.97(e)MPEP 609.04(b) Filing Requirement for Information Disclosure Statement Within Three Months of CitationMPEP 609.04(b) Statement Acceptance for ComplianceMPEP 609.04(b)
MPEP § 715.04	Declaration Can Substitute for Affidavit in Patent ApplicationsMPEP 715.04 Declaration Must Acknowledge False Statements and Patent JeopardyMPEP 715.04Required Declaration Must Acknowledge Truthfulness of StatementsMPEP 715.04Required
MPEP § 716	Declaration Can Replace Affidavit in Patent ApplicationsMPEP 716 Declaration Must Acknowledge False StatementsMPEP 716Required Declaration Must Acknowledge Truthfulness of StatementsMPEP 716Required
MPEP § 717.01(c)	Declaration Can Replace Affidavit in Patent ApplicationsMPEP 717.01(c) Declaration Must Acknowledge False Statements and Patent ImplicationsMPEP 717.01(c)Required Declarant Must Certify Statement AccuracyMPEP 717.01(c)Required

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.68 — Declaration in lieu of oath. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.68 Declaration in lieu of oath.

Summary

Official MPEP § 1.68 — Declaration in lieu of oath.

1.68 Declaration in lieu of oath.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions