Who is responsible for ensuring compliance with USPTO signature and certification requirements?
Both practitioners and non-practitioners are responsible for ensuring compliance with USPTO signature and certification requirements when filing papers. According to 37 CFR 11.18(b):
“By presenting to the Office or hearing officer in a disciplinary proceeding (whether by signing, filing, submitting, or later advocating) any paper, the party presenting such paper, whether a practitioner or non-practitioner, is certifying that—”
This means that anyone submitting papers to the USPTO, including independent inventors, corporate representatives, and patent attorneys, is responsible for ensuring that the submissions meet the signature and certification requirements. Practitioners have additional responsibilities and may face disciplinary action for violations as specified in 37 CFR 11.18(d).
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