MPEP Section 604.04(a), Consul - Omission of Certificate

Executive summary:

This document contains Section 604.04(a) ("Consul - Omission of Certificate") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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604.04(a) Consul - Omission of Certificate [R-2]

Where the oath is taken before an officer in a foreign country other than a diplomatic or consular officer of the United States and whose authority is not authenticated or accompanied with an apostille certifying the notary's authority (see MPEP § 602.04(a)), the application is nevertheless accepted for purposes of examination. The examiner, in the first Office action, should note this informality and require **>a new properly authenticated< oath by an appropriate diplomatic or consular officer, the filing of proper apostille, or a declaration ( 37 CFR 1.68). >The Office no longer returns improperly authenticated oaths for proper authentication.<

Form paragraph 6.08 may be used to notify applicant.

**> ¶ 6.08 Consul-Omission of Certificate

The oath is objected to as being informal. It lacks authentication by a diplomatic or consular officer of the United States; 37 CFR 1.66(a). This informality can be overcome by filing either a declaration under 37 CFR 1.68, or a new properly authenticated oath under 37 CFR 1.66. The new oath or declaration must properly identify the application of which it is to form a part, preferably by application number and filing date in the body of the oath or declaration. See MPEP §§ 602.01 and 602.02.

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