What happens if an oath for a patent application is not properly authenticated?
If an oath for a patent application is not properly authenticated, the USPTO has a specific procedure. According to the MPEP:
“Where the oath is taken before an officer in a foreign country other than a diplomatic or consular officer of the United States and whose authority is not authenticated or accompanied with an apostille certifying the notary’s authority, the application is nevertheless accepted for purposes of examination.”
This means that the USPTO will still process the application, but the applicant needs to take corrective action. The MPEP further states:
“Applicant should submit a new oath properly authenticated by an appropriate diplomatic or consular officer, the filing of proper apostille, or a declaration (37 CFR 1.68).”
It’s important to note that the USPTO does not return improperly authenticated oaths for proper authentication. Instead, they expect the applicant to submit a corrected version.
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