Can an inventor authorize someone else to sign the application oath or declaration on their behalf?

No, an inventor cannot authorize another individual to act as their agent to sign the application oath or declaration on their behalf. The MPEP is clear on this point, stating: “An inventor may not authorize another individual to act as his or her agent to sign the application oath or declaration on his or her behalf.”

This prohibition is supported by legal precedents, as the MPEP cites: “Staeger v. Commissioner, 189 USPQ 272 (D.D.C. 1976), In re Striker, 182 USPQ 507 (Comm’r Pat. 1973).” These cases reinforce the requirement for the inventor’s personal signature on the oath or declaration.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: pre-AIA