Can an attorney sign an oath or declaration on behalf of an inventor?

No, an attorney cannot sign an oath or declaration on behalf of an inventor, even if they have been given power of attorney to do so. This rule applies to applications filed before September 16, 2012.

According to MPEP § 602.08(b), “The oath or declaration may not be signed by an attorney on behalf of the inventor, even if the attorney has been given a power of attorney to do so.” This is supported by legal precedents, including:

• Opinion of Hon. Edward Bates, 10 Op. Atty. Gen. 137 (1861)
• Staeger v. Commissioner of Patents and Trademarks, 189 USPQ 272 (D.D.C. 1976)
• In re Striker, 182 USPQ 507 (PTO Solicitor 1973)

These cases affirm that an oath or declaration signed by an attorney on behalf of the inventor is defective unless the attorney has a proprietary interest in the invention.

To learn more:

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• oath
• declaration
• patent application
• legal representation