Implication of Signing Documents for Submission to the Patent and Trademark Office
(from 37 CFR 10)
Please read this summary of the law prior to signing any documents that will be submitted to the PTO. Please also read carefully, and ensure the accuracy of, any document you will sign that will be submitted to the PTO.
By signing an electronic document or any other document that is submitted to the Patent and Trademark Office (PTO), you are certifying that all statements made in the document are either (1) based on your own knowledge and true or (2) based on information you have and you believe them to be true.
In addition, upon signing a document to be submitted to the PTO, you certify that you know that:
- if you knowingly and willfully falsify, conceal, or cover up by any trick, scheme, or device a material fact (a very relevant fact), or make any false, fictitious or fraudulent statements or representations, or make or use any false writing or document knowing that the writing or document contains any false, fictitious or fraudulent statement or entry, you are subject to penalties of a fine and/or imprisonment for no longer than 5 years, according to 18 U.S.C. 1001; and
- such violations may jeopardize the validity of the application, or the validity or enforceability of any patent or trademark.
Moreover, you certify to the best of your knowledge, information and belief, formed after a reasonable inquiry under the circumstances, that:
- The document you signed is not being submitted to the PTO for any improper purpose, such as to harass someone or to cause unnecessary delay or needless increase in the cost of prosecution before the PTO;
- The claims and other legal contentions set forth in the document are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
- The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
- The denials of factual contentions are warranted on the evidence, or if specifically so identified, are reasonably based on a lack of information or belief.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.