What 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…
Read MoreCan I use a copy of an oath or declaration from a prior application in a continuing application?
Yes, you can use a copy of an oath or declaration from a prior application in certain continuing applications. According to MPEP 602.05: For applications filed on or after September 16, 2012: a continuing application, including a continuation-in-part application, may be filed with a copy of an oath or declaration or substitute statement from the…
Read MoreWhat happens if a specification is filed attached to an oath or declaration after the application filing date?
According to MPEP 602.08(c), when a specification is filed attached to an oath or declaration after the initial application filing date, the USPTO follows a specific procedure: Any specification that is filed attached to an oath or declaration on a date later than the application filing date will not be compared with the specification submitted…
Read MoreHow can I identify a patent application in an oath or declaration filed after the application filing date?
For oaths or declarations filed after the application filing date, MPEP 602.08(c) provides several acceptable methods for identifying the application: Application number (series code and serial number, e.g., 08/123,456) Serial number and filing date International application number International registration number for design applications Attorney docket number on the original specification Title of the invention from…
Read MoreWhat should an inventor do if they cannot comprehend the documents related to their oath or declaration?
If an inventor cannot comprehend the documents related to their oath or declaration, the MPEP 602.06 provides guidance: “If the documents are in a language the individual cannot comprehend, the documents may be explained to him or her so that he or she is able to understand them.” This means that the content of the…
Read MoreWhat happens if an inventor refuses to sign an oath or declaration?
What happens if an inventor refuses to sign an oath or declaration? If an inventor refuses to sign an oath or declaration, the application may still proceed under certain circumstances. According to MPEP 602.09: “If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort,…
Read MoreWhat are the signature requirements for inventor’s oaths or declarations?
The signature requirements for inventor’s oaths or declarations are as follows: There is no requirement for a signature to be made in any particular manner. Inventors can use titles such as ‘Dr.’ in their signatures, but these won’t appear in the printed patent. Non-English character signatures are accepted. If an inventor cannot write, their mark…
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