What certifications are implied when signing patent correspondence?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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).
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers
Patent Law
Patent Procedure