Can an attorney in a patent application administer the oath as a notary?
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.
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Topics:
Patent Law,
Patent Procedure