37 CFR 1.64 (pre-AIA) — Person making oath or declaration

Ninth Edition, Revision 01.2024

[Editor Note: Not applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]

• (a) The oath or declaration (§ 1.63 ), including any supplemental oath or declaration (§ 1.67 ), must be made by all of the actual inventors except as provided for in §§ 1.42 , 1.43 , 1.47 , or § 1.67 .
• (b) If the person making the oath or declaration or any supplemental oath or declaration is not the inventor (§§ 1.42 , 1.43 , 1.47 , or § 1.67 ), the oath or declaration shall state the relationship of the person to the inventor, and, upon information and belief, the facts which the inventor is required to state. If the person signing the oath or declaration is the legal representative of a deceased inventor, the oath or declaration shall also state that the person is a legal representative and the citizenship, residence, and mailing address of the legal representative.

[48 FR 2696, Jan. 20, 1983, added effective Feb. 27, 1983; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000]

[ *See § 1.64 for more information and for the rule applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012]