Substitute Statement In Lieu Of An Oath Or Declaration For Plant Patent Application {PTO-AIA-04}

PTO/AIA/04, SUBSTITUTE STATEMENT IN LIEU OF AN OATH OR DECLARATION FOR PLANT PATENT APPLICATION (35 U.S.C. 115(d) AND 37 CFR 1.64), (1) In general. In lieu of executing an oath or declaration under subsection (a), the applicant for patent may provide a substitute statement under the circumstances described in paragraph (2) and such additional circumstances that the Director may specify by regulation. (2) Permitted circumstances. A substitute statement under paragraph (1) is permitted with respect to any individual who— (A) is unable to file the oath or declaration under subsection (a) because the individual— (i) is deceased; (ii) is under legal incapacity; or (iii) cannot be found or reached after diligent effort; or (B) is under an obligation to assign the invention but has refused to make the oath or declaration required under subsection (a). (3) Contents. A substitute statement under this subsection shall— (A) identify the individual with respect to whom the statement applies; (B) set forth the circumstances representing the permitted basis for the filing of the substitute statement in lieu of the oath or declaration under subsection (a); and (C) contain any additional information, including any showing, required by the Director. www.FormsWorkflow.com