What happens if an applicant submits both a substitute statement and an inventor’s oath?

What happens if an applicant submits both a substitute statement and an inventor’s oath?

If both a substitute statement and an inventor’s oath or declaration are submitted for an inventor, the inventor’s oath or declaration will take precedence. The MPEP 604 states:

“If an inventor subsequently files an inventor’s oath or declaration meeting the requirements of 37 CFR 1.63 after a substitute statement has been filed, the inventor’s oath or declaration will be placed in the application file.”

This means that the USPTO will recognize the inventor’s own oath or declaration as the official document, effectively superseding the previously filed substitute statement. It’s important for applicants to be aware of this to avoid confusion and ensure proper documentation in the patent application process.

To learn more:

• substitute statement
• inventor’s oath
• patent application documents