Can a substitute statement be filed in a provisional application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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 are primarily used to establish an early filing date and do not require formal claims, oath, or declaration. Therefore, there is no need for a substitute statement in provisional applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substitute Statement Requirement for Oath or Declaration MPEP 604 Prohibited Substitute Statement In Lieu of Oath/Declaration MPEP 604 Substitute Statement for Missing Signatures MPEP 604 Recommended All Parties Can Sign Substitute Statement Under 37 CFR 1.46 MPEP 604 Permitted Second Inventor Refusal Requires Substitute Statement MPEP 604 Required Requirements for Substitute Statement MPEP 604 Required Substitute Statement Must Acknowledge False Statements MPEP 604 Required Inventor's Substitute Statement Requirement MPEP 604 Prohibited Requirement for Substitute Statement on Deceased Inventor's Behalf MPEP 604 Prohibited Joint Inventors Must Execute Substitute Statement MPEP 604 Prohibited Other Related FAQs 5 FAQs Collapse What are the requirements for a substitute statement in lieu of an oath or declaration? What is a substitute statement in patent applications? What is a substitute statement and when can it be used in place of an inventor&#8217;s oath or declaration? What happens if an applicant submits both a substitute statement and an inventor&#8217;s oath? What is the time...