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…

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What 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…

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What 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…

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What 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…

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