What are the requirements for the inventor’s oath or declaration in an international design application?

International design applications designating the United States are required to contain the inventor’s oath or declaration. According to MPEP 2920.04(c):

“International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64).”

Key points:

• The International Bureau reviews applications to ensure the required inventor’s oath or declaration is provided.
• The oath or declaration is communicated to the USPTO by the International Bureau with the published international registration.
• If an oath or declaration is missing, the applicant will be notified in a notice of allowability.
• The need for such notification should be rare, typically only when an inventor is added after publication of the international registration.

The requirements for identifying inventors by legal name, mailing address, and residence in the oath or declaration are considered satisfied by the presentation of this information in the international design application prior to international registration.

To learn more:

• International Design Application
• Inventor’s Oath
• Inventor’s Declaration
• USPTO
• Patent Procedure