How should an inventor’s oath or declaration be executed?

The execution of an inventor’s oath or declaration is governed by 37 CFR 1.63(g) and 35 U.S.C. 115(i). The oath or declaration must be executed (signed) in one of two ways:

  1. In accordance with 37 CFR 1.66, which provides rules for oaths taken within or outside the United States
  2. With an acknowledgment that any willful false statement made in the declaration is punishable under 18 U.S.C. 1001 by fine or imprisonment of not more than five years, or both

The inventor’s oath or declaration must be signed by:

  • The inventor
  • The joint inventors collectively
  • The applicant, in the case of a substitute statement under 37 CFR 1.64
  • The inventor who is under the obligation of assignment, in the case of an assignment-statement under 37 CFR 1.63(e)

It’s important to note that there is no minimum age requirement for executing an oath or declaration, but the person must be competent to execute, i.e., understand, the document they are signing.

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Topics: Patent Law, Patent Procedure
Tags: inventor's oath