MPEP § 151 — MPEP § 151
Current through: 2022-07-01

151-Content of the Statements 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

 Skip over navigation 
 
 
 
 
 
 
 
 search for patents | search for trademarks 

 
 
 
 
 
 
 
 
 
 
 
 Search 
 
 
 

 
 

 
 
 
 
 
 PATENTS 
 
 Patent Search 

 
 Patent Process 

 
 Patent Classification 

 
 Patent Forms 

 
 Statistics 

 
 Electronic Business Center 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Resources and Guidance 

 
 Office of Data Management 

 
 Announcements 

 
 Initiatives & Events 

 
 International Protection 

 
 Employee Locator 

 
 Contact Patents 

 

 

 
 TRADEMARKS 
 
 Trademark Search 

 
 Trademarks Process 

 
 News & Notices 

 
 Manuals, Guides, Official Gazette 

 
 Laws & Regulations 

 
 Online Filing 

 
 Contact Trademarks 

 

 

 
 IP LAW & POLICY 
 
 Rulemaking 

 
 IP Policy and Enforcement 

 
 Protecting IP Overseas 

 
 Training and Education 

 
 Training Programs & Conferences 

 
 Office of Governmental Affairs 

 
 Office of Chief Economist 

 
 Boards and Counsel 

 

 

 
 PRODUCTS & SERVICES 
 
 Electronic Data Products 

 
 XML Resources 

 
 XML Resources - Retrospective 

 
 USPTO Contact Center Order Form 

 
 Services 

 
 Locate Libraries 

 
 Training/Events 

 
 Online Services Hub 

 

 

 
 INVENTORS 
 
 Patents for Inventors 

 
 Trademarks for Inventors 

 
 Inventors Assistance 

 
 Education and Information 

 
 Scam Prevention 

 
 Pro Se and Pro Bono 

 
 Current Events 

 
 State Resources 

 
 InventorsEye Newsletter 

 

 

 
 NEWS & NOTICES 
 
 Subscription Center 

 
 Press Releases 

 
 Testimony and Speeches 

 
 Director's Forum 

 
 Systems Status 

 
 Emergency Notices 

 
 USPTO Videos 

 
 Official Gazette 

 
 Federal Register Notices 

 
 Event Calendar 

 

 

 
 FAQs 
 
 Patents FAQs 

 
 Trademarks FAQs 

 
 Assignments 

 
 Security 

 
 Musicians and Artists 

 
 Browser Plugins 

 
 Other Web Resources 

 

 

 
 ABOUT US 
 
 USPTO Leadership 

 
 USPTO Organization 

 
 USPTO Offices 

 
 Careers 

 
 Budget, Performance, and Planning 

 
 Statistics 

 
 Vendor Information 

 
 Public Advisory Committees 

 
 National Medal of Technology and Innovation 

 
 IP in Motion 

 
 Contact Us 

 

 

 
 
 

 

 
 

 
 
 
 
 Home Page 

 
 Patents 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Manual of Patent Examining Procedure 

 Chapter 0100 

 Section 151 
 

 
 
 
 
 
 151 Content of the Statements [R-11.2013]

 The law requires the statement to set forth “the full facts” surrounding the
 conception and making of the invention. These facts should include those which are unique
 to that invention. The use of form paragraphs or printed forms which set forth only broad
 generalized statements of fact is not ordinarily regarded as meeting the requirements of
 these statutes.
 

 The word 
 "applicant"
 
 
 in both of these
 statutes is construed by the Office to mean the inventor or joint inventors in person, or
 an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary
 interest in the matter. Accordingly, in the ordinary situation, the statements must be
 signed by the inventor or the joint inventors, or an assignee, obligated assignee, or a
 person who otherwise shows sufficient proprietary interest in the matter if available. This
 construction is consistent with the fact that no other person could normally be more
 knowledgeable of the 
 "full facts concerning the circumstances under
 which such invention was made,"
 
 
 (42 U.S.C. 2457) or, “full facts
 surrounding the making or conception of the invention or discovery” (42 U.S.C. 2182). If a
 request under 37 CFR
 1.48 for correction of inventorship is granted during pendency of an
 application in which a property rights statement has been filed, a supplemental statement
 executed by any added inventor(s) is required and should promptly be filed with Licensing
 and Review. 
 

 In instances where an applicant does not have firsthand knowledge whether
 the invention involved work under any contract, subcontract, or arrangement with or for the
 benefit of the Atomic Energy Commission, or had any relationship to any work under any
 contract of the National Aeronautics and Space Administration, and includes in his or her
 statement information of this nature derived from others, his or her statement should
 identify the source of his or her information. Alternatively, the statement by the
 applicant could be accompanied by a supplemental declaration or oath, as to the contractual
 matters, by the assignee or other person, e.g., an employee thereof, who has the requisite
 knowledge.
 

 When an inventor applicant is deceased or legally incapacitated, or where it
 is shown to the satisfaction of this Office that he or she refuses to furnish a statement
 or cannot be reached after diligent efforts, declarations or statements under oath setting
 forth the information required by the statutes may be accepted from an officer or employee
 of the assignee who has sufficient knowledge of the facts. The offer of such substitute
 statements should be based on the actual unavailability of or refusal by the applicant,
 rather than mere inconvenience. Where it is shown that one of the joint inventors is
 deceased or unavailable, a statement by all of the other inventor(s) may be accepted.
 

 The following is an acceptable format for statements to DOE or NASA assuming
 that no government funds or other considerations were involved in the making or conception
 of the invention. It is important that the information provided in the statement be an
 accurate reflection of the fact situation at the time the statement is made. While the
 sample below is in the form of a declaration, a sworn oath is equally acceptable.
 

 Note that the statement must be in the form of an oath or declaration.
 Further note that the statement must be signed by all the inventors.
 See also the notice entitled “Statements Filed Under Atomic Energy Act and NASA Act”
 published in 914 OG 1 (Sept. 4, 1973) for further information.
 

 
 I (We) _____________________ citizens of residing at declare: That I (we)
 made and conceived the invention described and claimed in patent application number
 filed in the United States of America on titled.
 

 I (We) ________________ citizens of ________________ residing at
 ________________ declare: That I (we) made and conceived the invention described and
 claimed in patent application number ________________ filed in the United States of
 America on ________________ titled ________________.
 

 (Include completed I. or II. below)

 I. (for Inventors Employed by an Organization)

 That I (we) made and conceived this invention while employed by
 ________________.
 

 That the invention is related to the work I am (we are) employed to
 perform and was made within the scope of my (our) employment duties;
 

 That the invention was made during working hours and with the use of
 facilities, equipment, materials, funds, information and services of
 ________________.
 

 Other relevant facts are: ________________.

 That to the best of my (our) knowledge and belief based upon information
 provided by ________________ of ________________:
 

 -OR-

 II. (For Self-Employed Inventors)

 That I (we) made and conceived this invention on my (our) own time using
 only my (our) own facilities, equipment, materials, funds, information and services.
 

 Other relevant facts are ________________

 That to the best of my (our) knowledge and belief:

 (Include III. and/or IV. below as appropriate)

 III. The invention or discovery was not made or conceived in the course
 of, or in connection with, or under the terms of any contract, subcontract or
 arrangement entered into with or for the benefit of the United States Atomic Energy
 Commission or its successors Energy Research and Development Administration or the
 Department of Energy.
 

 -AND/OR-

 IV. The invention was not made under nor is there any relationship of the
 invention to the performance of any work under any contract of the National Aeronautics
 and Space Administration.
 

 V. The undersigned inventor(s) declare(s) further that all statements
 made herein of his or her (their)own knowledge are true and that all statements made on
 information and belief are believed to be true and further that these statements were
 made with the knowledge that willful false statements and the like so made are
 punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the
 United States Code and that such willful false statements may jeopardize the validity of
 the application or any patent issuing thereon.
 

 Inventor’s Signature________________

 Post Office Address________________

 Date________________

 Inventor’ s Signature________________

 Post Office Address________________

 Date________________

 
 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 101-General 

 102-Information as to Status of an Application 

 103-Right of Public To Inspect Patent Files and Some Application Files 

 104-Power to Inspect Application 

 105-Suspended or Excluded Practitioner Cannot Inspect 

 106-Control of Inspection by Assignee 
 106.01-Rights of Assignee of Part Interest 

 
 

 107‑109-[Reserved] 

 110-Confidential Nature of International Applications 

 111‑114-[Reserved] 

 115-Review of Applications for National Security and Property Rights Issues 

 116‑119-[Reserved] 

 120-Secrecy Orders 

 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings 

 122‑129-[Reserved] 

 130-Examination of Secrecy Order Cases 

 131‑139-[Reserved] 

 140-Foreign Filing Licenses 

 141‑149-[Reserved] 

 150-Statements to DOE and NASA 

 151-Content of the Statements 

 

 

 
 

 
 
 

 
 

 

 
 
 Accessibility 

 Privacy Policy 

 Terms of Use 

 Security 

 Emergencies/Security Alerts 

 Information Quality Guidelines 

 
 

 
 
 Federal Activities Inventory Reform (FAIR) Act 

 Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act 

 Budget & Performance 

 Freedom of Information Act (FOIA) 

 
 

 
 
 Department of Commerce NoFEAR Act Report 

 Regulations.gov 

 STOP!Fakes.gov 

 Department of Commerce 

 USA.gov 

 
 

 
 
 Strategy Targeting Organized Piracy (STOP!) 

 Careers 

 Site Index 

 Contact Us 

 Submit Feedback 

 
 

 
 This page is owned by Patents.

 Last Modified: 
 
 03/09/2026 20:49:27