37 CFR § 11.18 — Signature and certificate for correspondence (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.18 Signature and certificate for correspondence
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.18, including 154 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
Each party submitting a document to the USPTO must sign and certify it according to USC/CFR regulations, ensuring compliance with regulatory requirements.
What this section covers
- This section covers signature requirements for papers presented to the USPTO.
- It provides guidance on who must sign and certify documents submitted to the USPTO, ensuring compliance with regulatory requirements.
Key obligations
- Each party submitting a paper to the USPTO must perform an inquiry reasonable under the circumstances.
- Individuals filing a request for reexamination must sign the document, as they cannot remain anonymous.
- Signing and certifying documents is required to ensure compliance with USC/CFR regulations governing the submission of papers to the USPTO.
Practice notes
- Practitioners should ensure that all required signatures and certificates are present on documents submitted to the USPTO, as missing signatures can lead to delays in processing.
- Individuals filing a request for reexamination must sign the document, as remaining anonymous is not permitted.
Official MPEP § 11.18 — Signature and certificate for correspondence
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.18 Signature and certificate for correspondence filed in the Office.
- (a) For all documents filed in the Office in patent, trademark, and other non-patent matters, and all documents filed with a hearing officer in a disciplinary proceeding, except for correspondence that is required to be signed by the applicant or party, each piece of correspondence filed by a practitioner in the Office must bear a signature, personally signed or inserted by such practitioner, in compliance with § 1.4(d) or § 2.193(a) of this chapter.
- (b) By presenting to the Office or hearing officer in
a disciplinary proceeding (whether by signing, filing, submitting,
or later advocating) any paper, the party presenting such paper,
whether a practitioner or non-practitioner, is certifying that—
- (1) All statements made therein of the party’s own knowledge are true, all statements made therein on information and belief are believed to be true, and all statements made therein are made with the knowledge that whoever, in any matter within the jurisdiction of the Office, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or knowingly and willfully makes any false, fictitious, or fraudulent statements or representations, or knowingly and willfully makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be subject to the penalties set forth under 18 U.S.C. 1001 and any other applicable criminal statute, and violations of the provisions of this section may jeopardize the probative value of the paper; and
- (2) To the best of the party’s knowledge,
information and belief, formed after an inquiry reasonable
under the circumstances,
- (i) The paper is not being presented for any improper purpose, such as to harass someone or to cause unnecessary delay or needless increase in the cost of any proceeding before the Office;
- (ii) The other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
- (iii) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
- (iv) The denials of factual contentions are warranted on the evidence, or if specifically so identified, are reasonably based on a lack of information or belief.
- (c) Violations of any of paragraphs (b)(2)(i) through
(iv) of this section are, after notice and reasonable opportunity
to respond, subject to such sanctions or actions as deemed
appropriate by the USPTO Director, which may include, but are not
limited to, any combination of—
- (1) Striking the offending paper;
- (2) Referring a practitioner’s conduct to the Director of the Office of Enrollment and Discipline for appropriate action;
- (3) Precluding a party or practitioner from submitting a paper, or presenting or contesting an issue;
- (4) Affecting the weight given to the offending paper; or
- (5) Terminating the proceedings in the Office.
- (d) Any practitioner violating the provisions of this section may also be subject to disciplinary action.
[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; para. (a) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013; para. (c)(2) revised, 86 FR 28442, May 26, 2021, effective June 25, 2021]
- Abandonment
- Revival
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- Oath Declaration
- Application Types
- Continuing Applications
- Cip Applications
- Certified Copies
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- Common Petition Types
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- Duty Of Disclosure
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- Disclosure Materiality
- Inequitable Conduct
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- Entity Status
- Entity Status Changes
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- Patent Issuance
- Issue Fee
- Patent Term
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- Pct
- Pct Publication
- Pct Request
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- Search Requirements
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- Signature Assignee
- Signature Inventor
- Signature Practitioner
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