What is a substitute statement in patent applications?

A substitute statement is a document that can be executed in lieu of an oath or declaration in certain circumstances. According to 37 CFR 1.64(a), “An applicant under § 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under a legal incapacity, has refused to execute the oath or declaration under § 1.63, or cannot be found or reached after diligent effort.“

This provision allows certain parties to move forward with a patent application when the inventor is unavailable or unwilling to sign the required documents.

To learn more:

• substitute statement
• patent application
• oath
• declaration
• inventor unavailability

To learn more:

• inventor’s oath
• inventor’s declaration
• joint inventor