United States Code/Title 35/Chapter 11/Section 115
Section 115. Oath of Applicant
The applicant shall make oath that he believes himself to be the original and first inventor of the process, machine, manufacture, or composition of matter, or improvement thereof, for which he solicits a patent; and shall state of what country he is a citizen. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when, made in a foreign country, before any diplomatic or consular officer of the United States authorized to administer oaths, or before any officer having an official seal and authorized to administer oaths in the foreign country in which the applicant may be, whose authority is proved by certificate of a diplomatic or consular officer of the United States, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States, and such oath shall be valid if it complies with the laws of the state or country where made. When the application is made as provided in this title by a person other than the inventor, the oath may be so varied in form that it can be made by him. For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).
Source edit
(July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 97-247, Sec. 14(a), Aug. 27, 1982, 96 Stat. 321; Pub. L. 105-277, div. G, title XXII, Sec. 2222(d), Oct. 21, 1998, 112 Stat. 2681-818.)
Historical and Revision Notes edit
Based on Title 35, U.S.C., 1946 ed., Sec. 35 (R.S. 4892, amended (1) Mar. 3, 1903, ch. 1019, Sec. 2, 32 Stat. 1225, 1226, (2) May 23, 1930, ch. 312, Sec. 3, 46 Stat. 376).
The expression at the end of the second sentence is added to avoid application of the District of Columbia law to oaths taken outside the District.
Changes in language are made.
Amendments edit
1998 edit
Pub. L. 105-277 inserted at end “For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).”
1982 edit
Pub. L. 97-247 substituted “is” for “shall be” after “whose authority”, and inserted “, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States”.
Effective Date of 1982 Amendment edit
Amendment by Pub. L. 97-247 effective Aug. 27, 1982, see section 17(a) of Pub. L. 97-247, set out as a note under section 41 of this title.