Can a patent practitioner sign a substitute statement on behalf of a juristic entity?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 604, a patent practitioner cannot automatically sign a substitute statement on behalf of a juristic entity. The MPEP states:

Note: a power of attorney to a patent practitioner to prosecute a patent application executed by the juristic entity does not make that practitioner an official of the juristic entity or empower the practitioner to sign the substitute statement.

For a juristic entity, the substitute statement may be signed by:

  • A person in the organization with apparent authority to sign (e.g., an officer)
  • Any person if the statement sets forth that the person is authorized to act on behalf of the juristic entity (e.g., the general counsel)

This ensures that the substitute statement is executed by someone with proper authority within the organization.

Topics: Patent Law Patent Procedure
Tags: Authorized Signatory, juristic entity, power of attorney, substitute statement