Who can administer the oath or declaration for a patent application?

For patent applications filed before September 16, 2012, the oath or declaration can be administered by various authorized individuals, depending on the location. According to pre-AIA 35 U.S.C. 115:

• Within the United States: Any person authorized by law to administer oaths
• In a foreign country:
  • A diplomatic or consular officer of the United States authorized to administer oaths
  • An officer having an official seal and authorized to administer oaths in the foreign country, whose authority is proved by a certificate of a U.S. diplomatic or consular officer
  • An official designated by a foreign country that, by treaty or convention, accords like effect to apostilles of designated officials in the United States

The law states: Such oath is valid if it complies with the laws of the state or country where made. This provision ensures flexibility in oath administration while maintaining legal validity across different jurisdictions.

To learn more:

• oath administration
• declaration
• patent application
• pre-AIA
• foreign country