What is a Statement of Use?

A Statement of Use is a document that is filed with the United States Patent and Trademark Office in Utah that demonstrates that an invention, for which a patent has been granted, is currently being used in the state. This document is generally filed by an applicant after the patent has been granted to show that the invention is being used in some way in an active commercial venture. The Statement of Use must list the specific locations and activities related to the invention. It must also include a description of the invention and its intended use. The Statement of Use also must include a sworn statement from the applicant that the invention is in active commercial use and that the invention is being used as specified in the patent. In order for the USPTO to accept the Statement of Use, the applicant must provide evidence that the invention is in use, either through physical specimens, photographs, or other tangible evidence. The applicant must also provide evidence that the invention is in use within the state of Utah. The Statement of Use must be renewed annually if the invention is still in active use. It is important to note that filing the Statement of Use does not mean that the patent will be upheld forever. It is possible for the patent to be revoked or amended if the invention is determined to be no longer in use.

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