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35 U.S.C. § 115 — Inventor’s oath or declaration

Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 115 — Inventor’s oath or declaration

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Source file: Laws/federal/codes/united-states-code/title-35/section-115-inventors-oath-or-declaration--199c33f1b6.md
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Source location: Title 35, Chapter 11, § 115; chapter-011-application-for-patent.md

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**(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. Except as otherwise provided in this section, each individual who is the inventor or a joint inventor of a claimed invention in an application for patent shall execute an oath or declaration in connection with the application. **(b) Required Statements.—** An oath or declaration under subsection (a) shall contain statements that— (1) the application was made or was authorized to be made by the affiant or declarant; and (2) such individual believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application. **(c) Additional Requirements.—** The Director may specify additional information relating to the inventor and the invention that is required to be included in an oath or declaration under subsection (a). **(d) Substitute Statement.—** (1) **In general.—** — In lieu of executing an oath or declaration under subsection (a), the applicant for patent may provide a substitute statement under the circumstances described in paragraph (2) and such additional circumstances that the Director may specify by regulation. (2) **Permitted circumstances.—** — A substitute statement under paragraph (1) is permitted with respect to any individual who— (A) is unable to file the oath or declaration under subsection (a) because the individual— (i) is deceased; (ii) is under legal incapacity; or (iii) cannot be found or reached after diligent effort; or (B) is under an obligation to assign the invention but has refused to make the oath or declaration required under subsection (a). (3) **Contents.—** — A substitute statement under this subsection shall— (A) identify the individual with respect to whom the statement applies; (B) set forth the circumstances representing the permitted basis for the filing of the substitute statement in lieu of the oath or declaration under subsection (a); and (C) contain any additional information, including any showing, required by the Director. **(e) Making Required Statements in Assignment of Record.—** An individual who is under an obligation of assignment of an application for patent may include the required statements under subsections (b) and (c) in the assignment executed by the individual, in lieu of filing such statements separately. **(f) Time for Filing.—** The applicant for patent shall provide each required oath or declaration under subsection (a), substitute statement under subsection (d), or recorded assignment meeting the requirements of subsection (e) no later than the date on which the issue fee for the patent is paid. **(g) Earlier-Filed Application Containing Required Statements or Substitute Statement.—** (1) **Exception.—** — The requirements under this section shall not apply to an individual with respect to an application for patent in which the individual is named as the inventor or a joint inventor and that claims the benefit under section 120, 121, 365(c), or 386(c) of the filing of an earlier-filed application, if— (A) an oath or declaration meeting the requirements of subsection (a) was executed by the individual and was filed in connection with the earlier-filed application; (B) a substitute statement meeting the requirements of subsection (d) was filed in connection with the earlier filed application with respect to the individual; or (C) an assignment meeting the requirements of subsection (e) was executed with respect to the earlier-filed application by the individual and was recorded in connection with the earlier-filed application. (2) **Copies of oaths, declarations, statements, or assignments.—** — Notwithstanding paragraph (1), the Director may require that a copy of the executed oath or declaration, the substitute statement, or the assignment filed in connection with the earlier-filed application be included in the later-filed application. **(h) Supplemental and Corrected Statements; Filing Additional Statements.—** (1) **In general.—** — Any person making a statement required under this section may withdraw, replace, or otherwise correct the statement at any time. If a change is made in the naming of the inventor requiring the filing of 1 or more additional statements under this section, the Director shall establish regulations under which such additional statements may be filed. (2) **Supplemental statements not required.—** — If an individual has executed an oath or declaration meeting the requirements of subsection (a) or an assignment meeting the requirements of subsection (e) with respect to an application for patent, the Director may not thereafter require that individual to make any additional oath, declaration, or other statement equivalent to those required by this section in connection with the application for patent or any patent issuing thereon. (3) **Savings clause.—** — A patent shall not be invalid or unenforceable based upon the failure to comply with a requirement under this section if the failure is remedied as provided under paragraph (1). **(i) Acknowledgment of Penalties.—** Any declaration or statement filed pursuant to this section shall contain an acknowledgment that any willful false statement made in such declaration or statement is punishable under [section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim) by fine or imprisonment of not more than 5 years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 100 — Definitions

When used in this title unless the context otherwise indicates— **(a)** The term “invention” means invention or discovery. **(b)** The term “process” means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material. **(c)** The terms “United States” and “this country” mean the United States of America, its territories and possessions. **(d)** The word “patentee” includes not only the patentee to whom the patent was issued but also the successors in title to the patentee. **(e)** The term “third-party requester” means a person requesting ex parte reexamination under section 302 who is not the patent owner. **(f)** The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. **(g)** The terms “joint inventor” and “coinventor” mean any 1 of the individuals who invented or discovered the subject matter of a joint invention. **(h)** The term “joint research agreement” means a written contract, grant, or cooperative agreement entered into by 2 or more persons or entities for the performance of experimental, developmental, or research work in the field of the claimed invention. **(i)** (1) The term “effective filing date” for a claimed invention in a patent or application for patent means— (A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or (B) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 5 — Patent and Trademark Office Public Advisory Committees

**(a) Establishment of Public Advisory Committees.—** (1) **Appointment.—** — The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have nine voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. In each year, 3 members shall be appointed to each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any vacancy on an Advisory Committee shall be filled within 90 days after it occurs. A new member who is appointed to fill a vacancy shall be appointed to serve for the remainder of the predecessor’s term. (2) **Chair.—** — The Secretary of Commerce, in consultation with the Director, shall designate a Chair and Vice Chair of each Advisory Committee from among the members appointed under paragraph (1). If the Chair resigns before the completion of his or her term, or is otherwise unable to exercise the functions of the Chair, the Vice Chair shall exercise the functions of the Chair. **(b) Basis for Appointments.—** Members of each Advisory Committee— (1) shall be citizens of the United States who shall be chosen so as to represent the interests of diverse users of the United States Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee; (2) shall include members who represent small and large entity applicants located in the United States in proportion to the number of applications filed by such applicants, but in no case shall members who represent small entity patent applicants, including small business concerns, independent inventors, and

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18 U.S.C. § 1001 — Statements or entries generally

**(a)** Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. **(b)** Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. **(c)** With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to— (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 111 — Application

**(a) In General.—** (1) **Written application.—** — An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director. (2) **Contents.—** — Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115. (3) **Fee, oath or declaration, and claims.—** — The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned. (4) **Filing date.—** — The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office. **(b) Provisional Application.—** (1) **Authorization.—** — A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Director. Such application shall include— (A) a specification as prescribed by section 112(a); and (B) a drawing as prescribed by section 113. (2) **Claim.—** — A claim, as required by subsections (b) through (e) of section 112, shall not be required in a provisional application. (3) **Fee.—** — The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 41 — Patent fees; patent and trademark search systems

**(a) General Fees.—** The Director shall charge the following fees: (1) **Filing and basic national fees.—** (A) On filing each application for an original patent, except for design, plant, or provisional applications, $330. (B) On filing each application for an original design patent, $220. (C) On filing each application for an original plant patent, $220. (D) On filing each provisional application for an original patent, $220. (E) On filing each application for the reissue of a patent, $330. (F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330. (G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof. (2) **Excess claims fees.—** (A) *In general.—* — In addition to the fee specified in paragraph (1)— (i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3; (ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and (iii) for each application containing a multiple dependent claim, $390. (B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac

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22 U.S.C. § 4221 — Depositions and notarial acts; perjury

Every secretary of embassy or legation and consular officer is authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his embassy, legation, or consulate, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any Act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administ

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 115 — Inventor’s oath or declaration

Page 49 TITLE 35—PATENTS § 115 EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–83 effective three months after July 24, 1965, see section 7(a) of Pub. L. 89–83, set out as a note under section 41 of this title. § 113. Drawings The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented. When the nature of such subject matter admits of illustration by a drawing and the applicant has not furnished such a drawing, the Director may require its submission within a time period of not less than two months from the sending of a notice there- of. Drawings submitted after the filing date of the application may not be used (i) to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inad- equate disclosure therein, or (ii) to supplement the original disclosure thereof for the purpose of interpretation of the scope of any claim. (July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 94–131, § 8, Nov. 14, 1975, 89 Stat. 691; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 34, part (R.S. 4889, amended Mar. 3, 1915, ch. 94, § 2, 38 Stat. 958). The requirement for signature in the corresponding section of existing statute is omitted; regulations of the Patent Office can take care of any substitute. A re- dundant clause is omitted. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 made technical correction to di- rectory language of Pub. L. 106–113. See 1999 Amend- ment note below. 1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substi

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