UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulations48819sroberts on DSK5SPTVN1PROD with RULESaccompanied by a statement signedpursuant to § 1.33(b) stating the name ofeach inventor in the continuingapplication.(3) Any new joint inventor named inthe continuing application must providean oath or declaration in compliancewith this section, except as provided forin § 1.64.(e)(1) An assignment may also serveas an oath or declaration required bythis section if the assignment asexecuted:(i) Includes the information andstatements required under paragraphs(a) and (b) of this section; and(ii) A copy of the assignment isrecorded as provided for in part 3 of thischapter.(2) Any reference to an oath ordeclaration under this section includesan assignment as provided for in thisparagraph.(f) With respect to an applicationnaming only one inventor, any referenceto the inventor’s oath or declaration inthis chapter includes a substitutestatement executed under § 1.64. Withrespect to an application naming morethan one inventor, any reference to theinventor’s oath or declaration in thischapter means the oaths, declarations,or substitute statements that have beencollectively executed by or with respectto all of the joint inventors, unlessotherwise clear from the context.(g) An oath or declaration under thissection, including the statementprovided for in paragraph (e) of thissection, must be executed (i.e., signed)in accordance either with § 1.66 or withan acknowledgment that any willfulfalse statement made in suchdeclaration or statement is punishableunder 18 U.S.C. 1001 by fine orimprisonment of not more than five (5)years, or both.(h) An oath or declaration filed at anytime pursuant to 35 U.S.C. 115(h)(1)will be placed in the file record of theapplication or patent, but may notnecessarily be reviewed by the Office.Any request for correction of the namedinventorship must comply with § 1.48in an application and § 1.324 in apatent.■ 29. Section 1.64 is revised to read asfollows:§ 1.64 Substitute statement in lieu of anoath or declaration.(a) An applicant under § 1.43, 1.45 or1.46 may execute a substitute statementin lieu of an oath or declaration under§ 1.63 if the inventor is deceased, isunder a legal incapacity, has refused toexecute the oath or declaration under§ 1.63, or cannot be found or reachedafter diligent effort.(b) A substitute statement under thissection must:(1) Comply with the requirements of§ 1.63(a), identifying the inventor orjoint inventor with respect to whom asubstitute statement in lieu of an oath ordeclaration is executed, and statingupon information and belief the factswhich such inventor is required to state;(2) Identify the person executing thesubstitute statement and therelationship of such person to theinventor or joint inventor with respectto whom the substitute statement isexecuted, and unless such informationis supplied in an application data sheetin accordance with § 1.76, the residenceand mailing address of the personsigning the substitute statement;(3) Identify the circumstancespermitting the person to execute thesubstitute statement in lieu of an oath ordeclaration under § 1.63, namelywhether the inventor is deceased, isunder a legal incapacity, cannot befound or reached after a diligent effortwas made, or has refused to execute theoath or declaration under § 1.63; and(4) Unless the following informationis supplied in an application data sheetin accordance with § 1.76, also identify:(i) Each inventor by his or her legalname; and(ii) The last known mailing addresswhere the inventor customarily receivesmail, and last known residence, if aninventor lives at a location which isdifferent from where the inventorcustomarily receives mail, for eachinventor who is not deceased or undera legal incapacity.(c) A person may not execute asubstitute statement provided for in thissection for an application unless thatperson has reviewed and understandsthe contents of the application,including the claims, and is aware of theduty to disclose to the Office allinformation known to the person to bematerial to patentability as defined in§ 1.56.(d) Any reference to an inventor’soath or declaration includes a substitutestatement provided for in this section.(e) A substitute statement under thissection must contain anacknowledgment that any willful falsestatement made in such statement ispunishable under section 1001 of title18 by fine or imprisonment of not morethan 5 years, or both.(f) A nonsigning inventor or legalrepresentative may subsequently join inthe application by submitting an oath ordeclaration under § 1.63. Thesubmission of an oath or declaration bya nonsigning inventor or legalrepresentative in an application filedunder § 1.43, 1.45 or 1.46 will notVerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR6.SGM 14AUR6permit the nonsigning inventor or legalrepresentative to revoke or grant apower of attorney.■ 30. Section 1.66 is revised to read asfollows:§ 1.66 Statements under oath.An oath or affirmation may be madebefore any person within the UnitedStates authorized by law to administeroaths. An oath made in a foreigncountry may be made before anydiplomatic or consular officer of theUnited States authorized to administeroaths, or before any officer having anofficial seal and authorized toadminister oaths in the foreign countryin which the applicant may be, whoseauthority shall be proved by a certificateof a diplomatic or consular officer of theUnited States, or by an apostille of anofficial designated by a foreign countrywhich, by treaty or convention, accordslike effect to apostilles of designatedofficials in the United States. The oathshall be attested in all cases in this andother countries, by the proper officialseal of the officer before whom the oathor affirmation is made. Such oath oraffirmation shall be valid as toexecution if it complies with the laws ofthe State or country where made. Whenthe person before whom the oath oraffirmation is made in this country isnot provided with a seal, his officialcharacter shall be established bycompetent evidence, as by a certificatefrom a clerk of a court of record or otherproper officer having a seal.■ 31. Section 1.67 is revised to read asfollows:§ 1.67 Supplemental oath or declaration.(a) The applicant may submit aninventor’s oath or declaration meetingthe requirements of § 1.63, § 1.64, or§ 1.162 to correct any deficiencies orinaccuracies present in an earlier-filedinventor’s oath or declaration.Deficiencies or inaccuracies due to thefailure to meet the requirements of§ 1.63(b) in an oath or declaration maybe corrected with an application datasheet in accordance with § 1.76, exceptthat any correction of inventorship mustbe pursuant to § 1.48.(b) A supplemental inventor’s oath ordeclaration under this section must beexecuted by the person whoseinventor’s oath or declaration is beingwithdrawn, replaced, or otherwisecorrected.(c) The Office will not require aperson who has executed an oath ordeclaration in compliance with 35U.S.C. 115 and § 1.63 or 1.162 for anapplication to provide an additionalinventor’s oath or declaration for theapplication.