Is proof required when filing a substitute statement?
According to MPEP 604, “A non-inventor applicant need not submit proof of the permitted circumstance to file a substitute statement (e.g., inventor’s death certificate to establish that a named inventor is deceased).” However, it’s important to note that: If the circumstance is not death or legal incapacity, the inventor must have refused to execute the…
Read MoreWhat information must be included in a substitute statement for a deceased or incapacitated inventor?
What information must be included in a substitute statement for a deceased or incapacitated inventor? When filing a substitute statement for a deceased or legally incapacitated inventor, specific information must be included to ensure its validity. According to MPEP 409.01(a) and 37 CFR 1.64, a substitute statement must contain: Identification of the inventor to whom…
Read MoreWhat information must be included in a substitute statement?
A substitute statement must contain specific information as outlined in 37 CFR 1.64(b): Comply with the requirements of 37 CFR 1.63(a), identifying the inventor and stating required facts Identify the person executing the statement and their relationship to the inventor Identify the circumstances permitting the substitute statement Provide the last known mailing address and residence…
Read MoreWhat is required for a newly added inventor in a patent application?
When adding a new inventor to a patent application, additional documentation is required. According to 37 CFR 1.48(b): An oath or declaration as required by § 1.63, or a substitute statement in compliance with § 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration. This means…
Read MoreWho can sign a substitute statement for a deceased or incapacitated inventor?
Who can sign a substitute statement for a deceased or incapacitated inventor? In cases where an inventor is deceased or legally incapacitated, specific parties are authorized to sign a substitute statement. According to MPEP 409.01(a): “A substitute statement under 37 CFR 1.64 may be signed by the applicant or an assignee of the entire interest…
Read MoreWhat is the time limit for filing a substitute statement?
What is the time limit for filing a substitute statement? A substitute statement must be filed within the time period set forth in 37 CFR 1.53(f) or 1.53(d), as applicable. According to MPEP 604: “The Office has revised the rules to permit applicants to postpone filing an inventor’s oath or declaration until the application is…
Read MoreWhat is a substitute statement for a deceased inventor and when is it required?
What is a substitute statement for a deceased inventor and when is it required? A substitute statement is a document that replaces the inventor’s oath or declaration when the inventor is deceased, legally incapacitated, or otherwise unavailable. For a deceased inventor, it is required when filing a patent application on or after September 16, 2012.…
Read MoreWhat happens if an applicant submits both a substitute statement and an inventor’s oath?
What happens if an applicant submits both a substitute statement and an inventor’s oath? If both a substitute statement and an inventor’s oath or declaration are submitted for an inventor, the inventor’s oath or declaration will take precedence. The MPEP 604 states: “If an inventor subsequently files an inventor’s oath or declaration meeting the requirements…
Read MoreWhat is a substitute statement and when can it be used in place of an inventor’s oath or declaration?
A substitute statement is a document that can be used in place of an inventor’s oath or declaration under certain circumstances. According to 37 CFR 1.64, an applicant may execute a substitute statement if the inventor: Is deceased Is under a legal incapacity Has refused to execute the oath or declaration Cannot be found or…
Read MoreWhat is a substitute statement in patent applications?
A substitute statement is a document that can be executed in lieu of an oath or declaration in certain circumstances. According to 37 CFR 1.64(a), “An applicant under § 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under…
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