Substitute Statement
An applicant may filed a substitute statement in lieu of an oath or declaration with respect to a patent application if an individual named as the inventor or joint inventor is: (1) deceased; (2) under a legal incapacity; (3) has refused to execute the oath or declaration; or (4) cannot be found or reached after diligent effort. A substitute statement must identify the inventor or joint inventor with respect to whom a substitute statement is executed, as well as state, upon information and belief, the facts which such inventor is required to state. A substitute statement must also clearly identify the person executing the substitute statement and the relationship of such person to the inventor or joint inventor with respect to whom the substitute statement is executed. Finally, the substitute statement must identify the circumstances permitting the person to execute the substitute statement in lieu of an oath or declaration, namely whether the inventor is deceased, is under a legal incapacity, cannot be found or reached after a diligent effort was made, or has refused to execute the oath or declaration. Moreover, unless provided in an ADS, the substitute statement must further provide: (1) the residence and mailing address of the person signing the substitute statement; (2) each inventor by his or her legal name; and (3) the last known mailing address where the inventor(s) customarily receive mail, and last known residence if the inventor(s) lives at a location that is different from where the inventor customarily receives mail, for each inventor who is not deceased or under a legal incapacity.[1]See, e.g., MPEP § 604.
References
| ↑1 | See, e.g., MPEP § 604. |
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