§ 115. — Oath of applicant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC115]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 11--APPLICATION FOR PATENT
Sec. 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).
(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
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
1998--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--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
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.
Section Referred to in Other Sections
This section is referred to in sections 111, 371 of this title.
