Patent Law FAQ

When submitting papers to the USPTO, two key certifications are made under 37 CFR 11.18(b):

1. Statements made are subject to the declaration clause of 37 CFR 1.68
2. The certification required for papers filed in federal court under Rule 11(b) of the Federal Rules of Civil Procedure

Specifically, 37 CFR 11.18(b) states that by presenting any paper to the USPTO, the party certifies that:

‘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’

This applies to both practitioners and non-practitioners submitting papers to the USPTO.

When presenting any paper to the USPTO, the party (whether a practitioner or non-practitioner) is making important certifications as outlined in 37 CFR 11.18(b):

1. All statements made of the party’s own knowledge are true.
2. Statements made on information and belief are believed to be true.
3. The paper is not being presented for any improper purpose (e.g., harassment, delay).
4. Legal contentions are warranted by existing law or non-frivolous arguments for changes in the law.
5. Factual contentions have or are likely to have evidentiary support.
6. Denials of factual contentions are warranted or based on lack of information or belief.

The MPEP notes: “37 CFR 11.18(b) provides that, by presenting any paper to the Office, the party presenting such paper (whether a practitioner or non-practitioner) is: (1) certifying that the statements made therein are subject to the declaration clause of 37 CFR 1.68; and (2) making the certifications required for papers filed in a federal court under Rule 11(b) of the Federal Rules of Civil Procedure.”

To learn more:

• USPTO Certifications
• Patent Filing
• Legal Responsibilities
• Practitioner Duties

When submitting papers to the USPTO, two key certifications are made under 37 CFR 11.18(b):

1. Statements made are subject to the declaration clause of 37 CFR 1.68
2. The certification required for papers filed in federal court under Rule 11(b) of the Federal Rules of Civil Procedure

Specifically, 37 CFR 11.18(b) states that by presenting any paper to the USPTO, the party certifies that:

‘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’

This applies to both practitioners and non-practitioners submitting papers to the USPTO.

When submitting papers to the USPTO, two key certifications are made under 37 CFR 11.18(b):

1. Statements made are subject to the declaration clause of 37 CFR 1.68
2. The certification required for papers filed in federal court under Rule 11(b) of the Federal Rules of Civil Procedure

Specifically, 37 CFR 11.18(b) states that by presenting any paper to the USPTO, the party certifies that:

‘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’

This applies to both practitioners and non-practitioners submitting papers to the USPTO.

When presenting any paper to the USPTO, the party (whether a practitioner or non-practitioner) is making important certifications as outlined in 37 CFR 11.18(b):

1. All statements made of the party’s own knowledge are true.
2. Statements made on information and belief are believed to be true.
3. The paper is not being presented for any improper purpose (e.g., harassment, delay).
4. Legal contentions are warranted by existing law or non-frivolous arguments for changes in the law.
5. Factual contentions have or are likely to have evidentiary support.
6. Denials of factual contentions are warranted or based on lack of information or belief.

The MPEP notes: “37 CFR 11.18(b) provides that, by presenting any paper to the Office, the party presenting such paper (whether a practitioner or non-practitioner) is: (1) certifying that the statements made therein are subject to the declaration clause of 37 CFR 1.68; and (2) making the certifications required for papers filed in a federal court under Rule 11(b) of the Federal Rules of Civil Procedure.”

To learn more:

• USPTO Certifications
• Patent Filing
• Legal Responsibilities
• Practitioner Duties

When submitting papers to the USPTO, two key certifications are made under 37 CFR 11.18(b):

1. Statements made are subject to the declaration clause of 37 CFR 1.68
2. The certification required for papers filed in federal court under Rule 11(b) of the Federal Rules of Civil Procedure

Specifically, 37 CFR 11.18(b) states that by presenting any paper to the USPTO, the party certifies that:

‘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’

This applies to both practitioners and non-practitioners submitting papers to the USPTO.

When presenting any paper to the USPTO, the party (whether a practitioner or non-practitioner) is making important certifications as outlined in 37 CFR 11.18(b):

1. All statements made of the party’s own knowledge are true.
2. Statements made on information and belief are believed to be true.
3. The paper is not being presented for any improper purpose (e.g., harassment, delay).
4. Legal contentions are warranted by existing law or non-frivolous arguments for changes in the law.
5. Factual contentions have or are likely to have evidentiary support.
6. Denials of factual contentions are warranted or based on lack of information or belief.

The MPEP notes: “37 CFR 11.18(b) provides that, by presenting any paper to the Office, the party presenting such paper (whether a practitioner or non-practitioner) is: (1) certifying that the statements made therein are subject to the declaration clause of 37 CFR 1.68; and (2) making the certifications required for papers filed in a federal court under Rule 11(b) of the Federal Rules of Civil Procedure.”

To learn more:

• USPTO Certifications
• Patent Filing
• Legal Responsibilities
• Practitioner Duties