What is a substitute statement in patent applications involving deceased or incapacitated inventors?
A substitute statement is a document that can be used in place of an oath or declaration in patent applications involving deceased or legally incapacitated inventors. According to MPEP 409.01(a): See 37 CFR 1.64 and MPEP § 604 concerning the execution of a substitute statement by a legal representative in lieu of an oath or…
Read MoreWhat 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 MoreCan a substitute statement be filed in a provisional application?
Can a substitute statement be filed in a provisional application? No, a substitute statement cannot be filed in a provisional application. According to MPEP 604: “A substitute statement is not available for provisional applications because provisional applications do not require an inventor’s oath or declaration.” Provisional applications have different requirements compared to non-provisional applications. They…
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 MoreWhat can be done if a joint inventor is unavailable or refuses to join in a patent application?
If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, 37 CFR 1.45(a) provides a solution. It states: “If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the other joint inventor or…
Read MoreWhat happens if an inventor refuses to sign the inventor’s oath or declaration?
What happens if an inventor refuses to sign the inventor’s oath or declaration? If an inventor refuses to sign the inventor’s oath or declaration, the application may still be filed under certain circumstances. According to MPEP 602.01(a): “If an inventor refuses to execute an oath or declaration or cannot be found or reached after diligent…
Read MoreWhat happens if an inventor refuses to sign the oath or declaration for a patent application?
What happens if an inventor refuses to sign the oath or declaration for a patent application? If an inventor refuses to sign the oath or declaration for a patent application, the applicant may file a substitute statement in lieu of an oath or declaration. According to MPEP 602.01(a): “A substitute statement may be used in…
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