What certifications are implied when signing patent correspondence?

When signing patent correspondence, the signer is making certain certifications, including:

  • The presentation of any paper to the USPTO constitutes a certification under 37 CFR 11.18(b).
  • For S-signatures, the person inserting the signature certifies that the inserted signature is their own.
  • When submitting a document signed by another person, the submitter certifies they have a reasonable basis to believe the signature is appropriate.

As stated in 37 CFR 1.4(d)(4)(i): “The presentation to the Office (whether by signing, filing, submitting, or later advocating) of any paper by a party, whether a practitioner or non-practitioner, constitutes a certification under 37 CFR 11.18(b) of this chapter.”

Violations of these certifications may result in sanctions under 37 CFR 11.18(c) and (d).

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Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: patent correspondence