Can an attorney in a patent application administer the oath as a notary?
The MPEP provides guidance on this matter. According to MPEP 602, “The language of 35 U.S.C. 115 and 37 CFR 1.66 is such that an attorney in the application is not barred from administering the oath as notary.” However, it’s important to note that this practice may be subject to local laws. The MPEP further…
Read MoreWhat is the difference between an oath and a declaration in patent applications?
An oath is a sworn statement made before a person authorized to administer oaths, while a declaration is a written statement that can be used in lieu of an oath. According to MPEP 602, “A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies…
Read MoreWhat is a statutory declaration and how does it relate to patent applications?
A statutory declaration is an alternative to a traditional oath or declaration in patent applications. According to MPEP 602, “Office personnel are authorized to accept a statutory declaration under 28 U.S.C. 1746 filed in the U.S. Patent and Trademark Office in lieu of an ‘oath’ or declaration under 35 U.S.C. 25 and 37 CFR 1.68,…
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