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410 Representations to the U.S. Patent and Trademark Office

MPEP SECTION SUMMARY This section covers the certifications a party is making when presenting any paper to the USPTO.

  Section Frequency Chart

By presenting any paper to the USPTO, the party presenting such paper is making two certifications:

1. the first certification is that the statements made therein are subject to the declaration clause of 37 CFR 1.68;
2. the second certification is the certification required for papers filed in a federal court under Rule 11(b) of the Federal Rules of Civil Procedure.

The first certification has permitted the USPTO to eliminate the separate verification requirement previously contained in several rules for statements of facts by persons who are not registered to practice before the USPTO.

• A separate verification requirement is no longer necessary.

The USPTO, however, has retained the verification requirement for a statement to be submitted under oath or declaration (37 CFR 1.68) in a number of sections (e.g., 37 CFR 1.63, 1.64, 1.130, 1.131, 1.132, 1.495(f), and 5.25).