What is a substitute statement and when can it be used in a patent application?

A substitute statement is a document that can be used in lieu of an inventor’s oath or declaration under certain circumstances. According to MPEP § 409.05, a substitute statement can be used when the inventor:

• Is deceased
• Is under a legal incapacity
• Cannot be found or reached after diligent effort
• Has refused to execute the oath or declaration

The substitute statement must comply with the requirements of 37 CFR 1.64, including identifying the inventor, the person executing the statement, and the circumstances permitting its use.

For more information on inventor’s oath, visit: inventor’s oath.

For more information on substitute statement, visit: substitute statement.