What is a substitute statement?
Substitute Statements A substitute statement may be submitted where an inventor is deceased, is legally incapacitated, cannot be found or reached after diligent effort, or refuses to execute a declaration.
What is an inventor declaration?
115 Inventor’s oath or declaration. (a) NAMING THE INVENTOR; INVENTOR’S OATH OR DECLARATION. —An application for patent that is filed under section 111(a) or commences the national stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application.
What happens to a patent when the owner dies?
The death of a patent owner is a significant event. However, the death of an inventor who has assigned their rights to a company is actually rather insignificant. Business continues as usual. There are exceptions, but when the owner of a patent dies, the patent usually becomes the property of the estate.
Does incorrect inventorship invalidate a patent?
The key takeaway: a person who contributes an essential feature of a claimed invention is a joint inventor and the failure to correctly name joint inventors will result in rejection or invalidation of a patent or patent application.
What’s the difference between oath and declaration?
As nouns the difference between declaration and oath is that declaration is declaration (written or oral indication of a fact, opinion, or belief) while oath is a solemn pledge or promise to a god, king, or another person, to attest to the truth of a statement or contract.
What is the inventors oath or declaration?
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by his or her legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the …
Can a patent be inherited?
A patent, in the eyes of the law, is a property right that can be given away, inherited, sold, licensed and even abandoned.
What is the difference between a natural and juristic person?
All human beings are referred to as natural persons and are thus legal subjects. Juristic persons, however, can be defined as certain associations of natural persons, such as companies and universities. 3 They are viewed as entities and are also considered to be “persons” and thus legal subjects in terms of the law.
Can a substitute statement be included in a declaration?
Any reference to an inventor’s oath or declaration also includes a substitute statement as provided for in 37 CFR 1.64. A substitute statement under 37 CFR 1.64 must contain an acknowledgement that any willful false statement made in such statement is punishable under 18 U.S.C. 1001 by fine or imprisonment of not more than five (5) years, or both.
Can a substitute statement be used in lieu of an oath?
(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.
How is a substitute statement executed in a patent application?
The substitute statement must be executed by an appropriate official of Company X and an appropriate official of Company Y since together X and Y are “the applicant for patent.” Under this example, neither Company X nor Company Y could be named as the sole applicant in the application.
Can a legal representative execute a substitute statement?
2. If the inventor is deceased or legally incapacitated, then the substitute statement may be executed by a legal representative under 37 CFR 1.43 or by the applicant under 37 CFR 1.46.
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