How is an oath authenticated for patent applications when executed in a non-Hague Convention country?

For countries that are not members of the Hague Convention, the authentication process for oaths in patent applications is different. The MPEP states:

“When the oath is made in a foreign country not a member of the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, the authority of any officer other than a diplomatic or consular officer of the United States authorized to administer oaths must be proved by certificate of a diplomatic or consular officer of the United States.”

This means that for non-member countries, the authority of the officer administering the oath must be certified by a U.S. diplomatic or consular officer. This can be done directly or through an intermediary. If the oath is not properly authenticated, the USPTO will still accept the application for examination, but the applicant should submit a new, properly authenticated oath or a declaration under 37 CFR 1.68.

To learn more:

• Foreign Oath
• Authentication
• Non-Hague Convention
• Patent Application
• Consular Certification