What are the requirements for a substitute statement in lieu of an oath or declaration?

A substitute statement in lieu of an oath or declaration must:

• Comply with the requirements of 37 CFR 1.63, identifying the inventor or joint inventor with respect to whom a substitute statement is executed, and stating upon information and belief the facts which such inventor is required to state.
• Identify the person executing the substitute statement and the relationship of such person to the inventor or joint inventor.
• Identify the circumstances permitting the person to execute the substitute statement.
• Include an acknowledgement that any willful false statement made in the substitute statement is punishable under 18 U.S.C. 1001 by fine or imprisonment of not more than 5 years, or both.

As stated in MPEP 604: ‘A substitute statement under 37 CFR 1.64 must: (1) Comply with the requirements of 37 CFR 1.63(a), identifying the inventor or joint inventor with respect to whom a substitute statement in lieu of an oath or declaration is executed, and stating upon information and belief the facts which such inventor is required to state.’

To learn more:

• substitute statement
• oath
• declaration
• patent application

To learn more:

• inventor unavailable
• inventor unwilling