Can an attorney in a patent application administer the oath as a notary?

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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. The MPEP provides guidance on this matter. According to MPEP 602 , “ The language of 35 U.S.C. 115 and 37 CFR 1.66 is such that an attorney in the application is not barred from administering the oath as notary. ” However, it’s important to note that this practice may be subject to local laws. The MPEP further states, “If such practice is permissible under the law of the jurisdiction where the oath is administered, then the oath is a valid oath.” Attorneys should be aware of their local jurisdiction’s rules before administering an oath for their client’s patent application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Attorney May Administer Oath as Notary MPEP 602 Attorney Notary Must Be Cognizant of Jurisdictional Limits MPEP 602 Declaration Requirement Not Subject to Official Review MPEP 602 Application File May Be Referred to Enrollment and Discipline Office MPEP 602 Permitted Oath Must Be Taken Within Notary's Jurisdiction MPEP 602 Recommended New Oath Or Declaration Needed When Administered By Attorney In Invalid Jurisdiction MPEP 602 Recommended Venue Must Correspond with Notary Jurisdiction MPEP 602 Oath May Be Administered By Authorized Person MPEP 602 Permitted Attorney Cannot Administer Oaths MPEP 602 Oath Must Show Taken Within Notary's Jurisdiction MPEP 602 Recommended Other Related FAQs 5 FAQs Collapse What are the signature requirements for inventor&#8217;s oaths or declarations? What are the requirements for inventor signatures on patent applications? What residence information is required for inventors in patent applications? What are the requirements for listing an inventor&#8217;s residence on a patent application? What happens if an invent...