Declaration of Substitution of Inventors in U.S. Patent Application Procedures

In the US patent application process, the Inventor's Oath or Declaration is one of the documents that must be submitted. However, in some cases, the inventor may be unable to provide a declaration. The USPTO has established a relevant alternative document system for this.

Basic provisions: the role of the inventor's declaration

• At the USPTO, each inventor is usually required to sign an Inventor's Oath or Declaration, confirming that he or she is the inventor and promising the circumstances and documents that can be used to replace the Inventor's Declaration. This is one of the substantive conditions for granting a patent.
• In some cases, applicants can use alternative documents. The main alternatives are:

Specific requirements for documents

• Substitute Statement, signed by a qualified applicant (such as the assignee, legal representative, etc.), must include the following information:
  • Inventor's name, address, nationality
  • Indicate the reason why the inventor's declaration could not be obtained (death, disappearance, refusal to sign, unreachable, etc.)
  • The applicant has the right to submit the application (such as assignment rights, employment agreement, etc.)
  • Evidence materials: mail records, express delivery records, court documents, death certificates, notarizations, legal representative authorization documents, etc.
• Assignment
  • If the applicant submits as an assignee, the assignment should clearly list the terms of the transfer of patent rights.
  • Can be used as evidence to confirm the right to apply
• Employment Agreement
  • If an employee's invention belongs to the company, the invention ownership clause in the employment contract can serve as supporting document
• Legal Representative Documents
  • The legal representative needs to provide proof of rights, such as executor, court-appointed heir documents, etc.