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).
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure