What is the time limit for filing a substitute statement?
What is the time limit for filing a substitute statement?
A substitute statement must be filed within the time period set forth in 37 CFR 1.53(f) or 1.53(d), as applicable. According to MPEP 604:
“The Office has revised the rules to permit applicants to postpone filing an inventor’s oath or declaration until the application is otherwise in condition for allowance if the applicant provides an application data sheet indicating the name, residence, and mailing address of each inventor.”
This means that while you can postpone filing the substitute statement, it must be submitted before the application is allowed. It’s important to note that the substitute statement is subject to the same time constraints as the inventor’s oath or declaration.
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Topics:
Patent Law,
Patent Procedure