# MPEP § 402.03: Signature Requirements for Papers Filed in an Application

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S402.03

## Section

- **Citation:** MPEP § 402.03
- **Heading:** Signature Requirements for Papers Filed in an Application
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 0400 - Representative of Applicant or Owner / MPEP § 402.03

## Text

37 CFR 11.18 Signature and certificate for correspondence filed in the
Office.
(a) For all documents filed in the Office in
patent, trademark, and other non-patent matters, and all documents filed
with a hearing officer in a disciplinary proceeding, except for
correspondence that is required to be signed by the applicant or party, each
piece of correspondence filed by a practitioner in the Office must bear a
signature, personally signed or inserted by such practitioner, in compliance
with §
1.4(d)
or § 2.193(a) of this chapter.
(b) By presenting to the Office or hearing officer
in a disciplinary proceeding (whether by signing, filing, submitting, or
later advocating) any paper, the party presenting such paper, whether a
practitioner or non-practitioner, is certifying that—
(1) All statements made therein of the
party’s own knowledge are true, all statements made therein on
information and belief are believed to be true, and all statements
made therein are made with the knowledge that whoever, in any matter
within the jurisdiction of the Office, knowingly and willfully
falsifies, conceals, or covers up by any trick, scheme, or device a
material fact, or knowingly and willfully makes any false, fictitious,
or fraudulent statements or representations, or knowingly and
willfully makes or uses any false writing or document knowing the same
to contain any false, fictitious, or fraudulent statement or entry,
shall be subject to the penalties set forth under
18 U.S.C.
1001
and any other applicable criminal statute,
and violations of the provisions of this section may jeopardize the
probative value of the paper; and
(2) To the best of the party’s knowledge,
information and belief, formed after an inquiry reasonable under the
circumstances,
contain any false, fictitious, or fraudulent statement or entry,
shall be subject to the penalties set forth under
18 U.S.C.
1001
and any other applicable criminal statute,
and violations of the provisions of this section may jeopardize the
probative value of the paper; and
(2) To the best of the party’s knowledge,
information and belief, formed after an inquiry reasonable under the
circumstances,
(i) The paper is not being presented
for any improper purpose, such as to harass someone or to cause
unnecessary delay or needless increase in the cost of any
proceeding before the Office;
(ii) The other legal contentions
therein are warranted by existing law or by a nonfrivolous
argument for the extension, modification, or reversal of
existing law or the establishment of new law;
(iii) 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
(iv) 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.
(c) Violations of any of paragraphs (b)(2)(i)
through (iv) of this section are, after notice and reasonable opportunity to
respond, subject to such sanctions or actions as deemed appropriate by the
USPTO Director, which may include, but are not limited to, any combination
of—
(1) Striking the offending paper;
(2) Referring a practitioner’s conduct to
the Director of the Office of Enrollment and Discipline for
appropriate action;
(3) Precluding a party or practitioner from
submitting a paper, or presenting or contesting an issue;
(4) Affecting the weight given to the
offending paper; or
(5) Terminating the proceedings in the
Office.
e not limited to, any combination
of—
(1) Striking the offending paper;
(2) Referring a practitioner’s conduct to
the Director of the Office of Enrollment and Discipline for
appropriate action;
(3) Precluding a party or practitioner from
submitting a paper, or presenting or contesting an issue;
(4) Affecting the weight given to the
offending paper; or
(5) Terminating the proceedings in the
Office.
(d) Any practitioner violating the provisions of
this section may also be subject to disciplinary action.
37 CFR
11.18(a)
emphasizes that every paper filed by a practitioner
must be personally signed by the practitioner, except those required to be signed by
the applicant or party.
37 CFR
11.18(b)
provides that, by presenting any paper to the Office,
the party presenting such paper (whether a practitioner or non-practitioner) is: (1)
certifying that the statements made therein are subject to the declaration clause of
37 CFR
1.68
; and (2) making the certifications required for papers
filed in a federal court under Rule 11(b) of the Federal Rules of Civil Procedure.
See
MPEP §
410
.
37 CFR 11.18(d)
provides that any
practitioner violating the provisions of
37 CFR 11.18
may also be subject
to disciplinary action, thus clarifying that a practitioner may be subject to
disciplinary action in lieu of, or in addition to, the sanctions set forth in
37 CFR
11.18(c)
for violations of
37 CFR 11.18
. See also
37 CFR
1.4(d)(4)
.
The certifications in
37 CFR 11.18(b)
apply to all papers filed in the Office, including allegations of improper conduct
made by a registered practitioner in any Office proceeding.

## Nearby sections

- [MPEP § 401 U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner](https://www.frixlaw.com/law-library/statutes/MPEP_S401.md)
- [MPEP § 402 Power of Attorney; Naming Representative](https://www.frixlaw.com/law-library/statutes/MPEP_S402.md)
- [MPEP § 402.01 Limited Recognition in Patent Matters](https://www.frixlaw.com/law-library/statutes/MPEP_S402.01.md)
- [MPEP § 402.02 Appointment of Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S402.02.md)
- [MPEP § 402.02(a) Appointment in Application Filed On or After September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.02(a).md)
- [MPEP § 402.02(b) Appointment in Application Filed Before September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.02(b).md)
- [MPEP § 402.03 Signature Requirements for Papers Filed in an Application](https://www.frixlaw.com/law-library/statutes/MPEP_S402.03.md)
- [MPEP § 402.04 Acting in a Representative Capacity](https://www.frixlaw.com/law-library/statutes/MPEP_S402.04.md)
- [MPEP § 402.05 Revocation of Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S402.05.md)
- [MPEP § 402.05(a) Applicant Revocation - Application Filed On or After September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.05(a).md)
- [MPEP § 402.05(b) Applicant Revocation - Application Filed Before September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.05(b).md)
- [MPEP § 402.06 Attorney or Agent Withdraws](https://www.frixlaw.com/law-library/statutes/MPEP_S402.06.md)
- [MPEP § 402.07 Assignee Revocation of Power of Attorney of Applicant and Appointment of New Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S402.07.md)
- [MPEP § 402.08 Application in Interference or Derivation Proceeding](https://www.frixlaw.com/law-library/statutes/MPEP_S402.08.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S402.03. Check the current official text before relying on it. Not legal advice.
