What is a substitute statement and when can it be used in place of an inventor’s oath or declaration?

A substitute statement is a document that can be used in place of an inventor’s oath or declaration under certain circumstances. According to 37 CFR 1.64, an applicant may execute a substitute statement if the inventor:

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

The substitute statement must comply with specific requirements outlined in 37 CFR 1.64(b), including identifying the inventor, the person executing the statement, and the circumstances permitting its use. For more details on substitute statements, see MPEP § 604.

To learn more:

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