What are the required statements in an inventor’s oath or declaration?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An inventor’s oath or declaration must contain the following required statements:

  • The application was made or authorized to be made by the person executing the oath or declaration
  • The individual believes themselves to be the original inventor or an original joint inventor of a claimed invention in the application

These requirements are specified in 35 U.S.C. 115(b), which states:

An oath or declaration under subsection (a) shall contain statements that—(1) the application was made or was authorized to be made by the affiant or declarant; and (2) such individual believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application.

Additionally, the oath or declaration must identify the inventor by their legal name and identify the application to which it is directed.

Topics: Patent Law Patent Procedure
Tags: Inventor's Declaration, inventor's oath