What is a Statement of Use?

A Statement of Use (SOU) is a document used in patent law in California that is filed by an applicant after they have demonstrated they are using their invention “in commerce.” Generally, this means that the invention is being sold or used in some way that can affect interstate commerce. When an applicant files an SOU, they are making a representation to the patent office that their invention has been put into use and is being commercialized in a way that affects interstate commerce. An SOU is necessary for an applicant to obtain a patent in California. The SOU must be filed after the patent is approved and must contain information such as the date the invention was first put into use, the current status of the invention, and the nature of the commercial use. The SOU must also include affidavits from witnesses who can confirm the commercial use of the invention. In California, the SOU must be filed within one year after the patent is granted. Failure to file an SOU within the given time results in the cancellation of the patent. Additionally, false information or omissions on the SOU can also lead to patent cancellation. Overall, a Statement of Use in California is an important document that is necessary to obtain a patent. It must be filed within a year of the patent being granted, and provide truthful information about the commercial use of the invention.

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What is a Statement of Use?

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