7 FAM 880
FEDERAL and state AGENCY DOCUMENTS
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 fam 881 introduction
(CT:CON-619; 01-15-2016)
a. Certain federal and state agencies require consular
notarization or authentication of applications and supporting affidavits and
other instruments executed in foreign countries. Tariff items 45(a) and 45 (b)
of the Schedule of Fees for Consular Services, codified at 22 CFR 22.1 provide
that consular notarization of a document presented by a claimant, beneficiary
or witness in connection with obtaining a federal or state benefit are no fee
services. Consular notarial or authentication services in connection with
documents to be presented to a federal or state agency in which the underlying
document does not involve application for a benefit do incur a consular fee.
(See also 7 FAM 500.)
b. If a Foreign Service post considers that it would be
desirable to authorize Locally Employed Staff
(LES) to perform certain notarial functions for another federal agency
for example, notarials executed in connection with documents to be used by the
Social Security Administration (SSA) or the Veterans Administration (VA), post
should forward a detailed proposal to the
Bureau of Consular Affairs, Directorate of Overseas Citizens Services, Program
Management Office (CCA/OCS/PMO) (FedBen@state.gov) for submission to the
appropriate agency. The agency will determine whether to delegate the
function. If it is delegated, the LES to
whom the function is assigned will be given an appropriate title, to be
determined by the agency.
7 FAM 882 PATENTS AND PATENT APPLICATIONS
7 FAM 882.1
Patent Law Information
(CT:CON-619; 01-15-2016)
Article I, section 8 of the United States Constitution
gives Congress the power to enact laws relating to patents, in Article I,
section 8, which reads Congress shall have power . . . to promote the progress
of science and useful arts, by securing for limited times to authors and
inventors the exclusive right to their respective writings and discoveries.
The patent law adopted by Congress established the United States Patent and
Trademark Office (USPTO) to administer the law relating to the granting of
patents and contains various other provisions relating to patents.
7 FAM 882.2
Foreign Applicants for U.S. Patents
(CT:CON-619; 01-15-2016)
a. The patent laws of the United States permit any
inventor, regardless of his/her citizenship, to apply for a U.S. patent. There
are, however, a number of rules of special interest to applicants located in
foreign countries.
b. The application for a U.S. patent must be made by
the inventor and the inventor must sign the oath or declaration (with certain
exceptions), differing from the law in many countries where the signature of
the inventor and an oath of inventorship are not necessary. If the inventor is
dead, the application may be made by his/her executor or administrator, or
equivalent, and in the case of mental disability it may be made by his/her
legal representative (guardian).
c. No U.S. patent can be obtained if the inventor or
his/her legal representatives filed an application to patent the invention in
another country more than 12 months (six months in the case of a design patent)
before the date of application in the United States. (See 35 U.S.C. 172.)
d. An application for a patent filed in the United
States by any person who filed an application for a patent for the same
invention in a foreign country which affords similar privileges to citizens of
the United States has the same force and effect for the purpose of overcoming
intervening acts of others as if filed in the United States on the date on
which the application for a patent for the same invention was first filed in
such foreign country. The inventor must file the application in the United
States within 12 months (six months in the case of a design patent) from the
earliest date on which any such foreign application was filed and must claim
priority under 35 U.S.C. 119(b) to the foreign application. A copy of the foreign
application certified by the patent office of the country in which it was filed
is required to secure this right of priority.
e. If the applicant or his/her legal representatives or
assigns has filed an application for a patent in any foreign country prior to
his/her application in the United States, in order to claim priority under 35
U.S.C. 119(b) to the foreign application, the applicant must, in the oath or
declaration accompanying the application, state the country in which the
earliest such application was filed and the date of filing the application. If
foreign priority is claimed, any foreign application having a filing date
before that of the application on which priority is claimed must also be
identified in the oath or declaration. Where no claim for foreign priority
under 35 U.S.C. 119(b) is made in the U.S. application, the applicant should
identify in the oath or declaration those foreign applications disclosing
similar inventions filed more than a year before the filing in the United States.
f. Administration of an Oath Regarding Execution of
Patent Application before a Consular Officer: An oath or alternatively a
declaration must be made with respect to every application. (See 35 U.S.C. 115
Oath of Applicant.)
g. When the applicant is in a foreign country the oath
or affirmation may be before any diplomatic or consular officer of the United
States, or before any officer having an official seal and authorized to
administer oaths in the foreign country, whose authority shall be proved by a
certificate of a diplomatic or consular officer of the United States. The oath
is attested in all cases by the proper official seal of the officer before whom
the oath is made. (See 37 CFR 1.66 Officers Authorized To Administer Oaths.)
h. The U.S. Patent and Trademark Office (USPTO) advises
that when the oath is taken before an officer in a foreign country, all the
application papers (except the drawing) must be attached together, a ribbon
must be passed one or more times through all the sheets of the application, and
the ends of the ribbons must be brought together under the seal (wafer) before
the latter is affixed and impressed, or each sheet must be impressed with the
official seal of the officer before whom the oath was taken.
i. If the application is filed by the legal
representative (executor, administrator, etc.) of a deceased inventor, the
legal representative must make the oath or declaration.
j. A declaration merely requires the use of a specific
averment found in 37 CFR 1.68. When a declaration is used, the ribboning
procedure is not necessary, nor is it necessary to appear before an official in
connection with the making of a declaration.
k. A foreign applicant may be represented by any patent
attorney or agent who is registered to practice before the United States Patent
and Trademark Office.
7 FAM 882.3
Patent Application Authentication
Certificate
(CT:CON-619; 01-15-2016)
When the affidavit required for a patent application has
been sworn to or affirmed before a local foreign official other than a consular
officer, a consular officer must authenticate the authority of the official
administering the oath or affirmation, or a competent foreign authority must
affix an apostille certificate regarding the authority of the official administering
the oath or affirmation. (See 7 FAM 870.) All
papers that will become part of a patent application filed in the U.S. Patent
Office must be legibly written or printed in permanent ink (37 CFR 1.52).
7 FAM 882.4
Patent Application by Legal Representatives
(CT:CON-619; 01-15-2016)
Legal representatives of inventors who are deceased or
under who lack capacity may apply for patents by complying with the
requirements on the same terms and conditions applicable to the inventor (35
U.S.C. 117). The Patent Office requires proof of the legal representatives
power or authority. Such proof should be authenticated by the consular officer.
7 FAM 882.5
Assignment of Patent
(CT:CON-619; 01-15-2016)
An application for a patent or any interest therein, may
be assigned in law by an instrument in writing. In a foreign country, any such
assignment, grant, or conveyance of any patent application or any patent may be
acknowledged before a consular officer or an official whose authority is
authenticated by a consular officer (35 U.S.C. 261).
7 FAM 883 TRADEMARK REGISTRATIONS
(CT:CON-619; 01-15-2016)
As in the case of patents, a person who applies for
registration of a trademark may submit an un-sworn declaration in lieu of an
oath (37 CFR 2.20). The same "penalty" statement is required.
Alternatively, an applicant may submit an oath before a consular officer or an
official whose authority is authenticated by a consular officer (15 U.S.C.
1061).
7 FAM 884 COPYRIGHTS
(CT:CON-619; 01-15-2016)
a. The United States has copyright relations with most
countries throughout the world, and as a result of these agreements, we honor
each other's citizens' copyrights. However, the United States does not have
such copyright relationships with every country. For a listing of countries
and the nature of their copyright relations with the United States, see Circular
38a, International Copyright Relations of the United States.
b. Consular officers should not attempt to respond to
questions regarding copyrights. Direct inquirers to Library of Congress,
United States Copyright Office, 101 Independence Avenue, S.E., Washington, DC
20559-6000. The Public Information Office telephone number is (202) 707-3000.
To order application forms, the number is (202) 707-9100. TTY is (202)
707-6737.
c. Consular officers should provide notarial and
authentication services for copyrights as provided for by 17 U.S.C. 1312 Oaths
and acknowledgements and 37 CFR 201.4 (Recordation of transfers and certain
other documents).
7 FAM 885 U.S. SAVINGS BOND CERTIFICATES
(CT:CON-619; 01-15-2016)
22 CFR 22.1 provides that notarial services with respect
to endorsing U.S. Savings Bond Certificates is a no fee service. (See 7 FAM 528 U.S.
Savings Bonds And Treasury Notes.)
7 FAM 886 NOTARIZATION COPIES OF PASSPORTS, NATURALIZATION
CERTIFICATES AND CERTIFICATES OF CITIZENSHIP
(CT:CON-619; 01-15-2016)
a. U.S. Passports: There is no prohibition against
photocopying or certification of true copies of the identity page of a U.S.
passport.
(1) Persons requesting a copy of a passport record
should be directed to the Passport Services internet feature Obtain Copies of
Passport Records.
(2) For additional information refer to.7 FAM Appendix
1300 J Release of Information from Passport
Files 7 FAM Appendix 1300 I Verification
of Passport and Other U.S. Citizen Consular Records, and 7 FAM 060 Privacy
Act and American Citizen Services
b. Naturalization Certificates and Certificates of
Citizenship and Other Documents Issued by the U.S. Citizenship and Immigration
Service (USCIS): 18 U.S.C. 1426 prohibits making prints or photographs of a
certificate of arrival, declaration of intention to become a citizen, or
certificate of naturalization or citizenship.
(1) U.S. consular officers may not certify as a true
copy; a U.S. Naturalization Certificate or Certificate of Citizenship for the
bearer or any private person.
(2) USCIS advises that this prohibition does not apply
to copies made for use in Department of State records or Department of Homeland
Security FOIA/PA requests.
(3) Obtaining Replacement Certificate of Citizenship
or Certificate of Naturalization: 8 CFR 343a governs application for
replacement of lost, mutilated or destroyed Certificates of Citizenship or
Certificates of Naturalization.
(4) Obtaining Certified True Copies of Certificates of
Naturalization or Certificates of Citizenship: USCIS has a procedure for its
issuance of certified true copies of these records. If the bearer has the
original document to be certified, he or she must make an appointment with the
local USCIS office by using the InfoPass Appointment Scheduler on the USCIS
website. When the bearer goes to the appointment, he or she must be sure to
bring his or her original naturalization certificate and a copy of it. The
bearer should also bring another form of photo identification, such as a
drivers license or passport. A USCIS officer will review the documents and may
certify the copy, if the officer can confirm your identity and status as a
naturalized citizen. USCIS will provide Certified True Copies and return these
along with the supplied documentation to the requester.
|
See:
InfoPass Appointment Scheduler
InfoPass A Customer Guide
How Do I Obtain Certified True Copies of a Certificate of
Naturalization?
How Do I Replace My Certificate of Citizenship or
Naturalization?
How Do I Replace My Permanent Resident Card (Green
Card)?
Form I-90 Application to Replace Permanent Resident
Card - (See 9 FAM
202.2-3.)
|
(5) Authentication of the Certified True Copy For Use
Abroad: The bearer should contact the U.S. Department of State Authentications
Office to have the seal of USCIS on the certified true copy authenticated with
the U.S. Department of State seal or with an apostille for use in a country
party to the Hague Convention Abolishing the Requirement for Legalization of
Foreign Public Documents. (See 7 FAM 876).
(6) Overseas Applicants: USCIS advises that it is not
possible to request a replacement or certified true copy of a Certificate of
Citizenship or Certificate of Naturalization overseas through the InfoPass
system. U.S. citizens overseas seeking assistance should contact the USCIS
field office nearest their place of permanent residence in the United States.
7 FAM 887 NOTARIZATION OF DOCUMENTS REQUIRED BY U.S. DEPARTMENT
OF THE TREASURY OR FINANCIAL INSTITUTIONS
(CT:CON-619; 01-15-2016)
a. Consular officers are not authorized to execute
Medallion Signature Guarantees. 7 FAM 892
provides further guidance. (See Securities and Exchange Commission (SEC)
Signature Guarantees Preventing the Unauthorized Transfer of Securities).
b. The U.S. Department of the Treasury advises that
consular officers are authorized to notarize certain documents related to
financial transactions. Pre-printed forms banks or the Department of Treasury
should state that it is a notarial/certification service, not a Medallion
Signature Guarantee. These are certification requests, not guarantees. (See
31 CFR 363.43).
7 FAM 888- 7 FAM 889 Unassigned