What is a substitute statement and when can it be used instead of an oath or declaration?
What is a substitute statement and when can it be used instead of an oath or declaration? A substitute statement is a document that can be filed in place of an oath or declaration under certain circumstances. According to MPEP 602: “When an inventor is deceased, legally incapacitated, cannot be found or reached after diligent…
Read MoreWhat is a substitute statement in lieu of an oath or declaration?
A substitute statement is a document that can be filed in place of an oath or declaration when the inventor is deceased, legally incapacitated, cannot be found or reached after diligent effort, or refuses to execute the oath or declaration. According to MPEP 602: ’35 U.S.C. 115(d) provides that ‘the applicant for patent’ may provide…
Read MoreWhat are the requirements for a substitute statement in lieu of an oath or declaration?
A substitute statement in lieu of an oath or declaration must: Comply with the requirements of 37 CFR 1.63, identifying the inventor or joint inventor with respect to whom a substitute statement is executed, and stating upon information and belief the facts which such inventor is required to state. Identify the person executing the substitute…
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