What are the requirements for an inventor’s oath or declaration in a national stage application?

The requirements for an inventor’s oath or declaration in a national stage application depend on the international filing date:

  • For applications with an international filing date on or after September 16, 2012: The inventor’s oath or declaration must comply with 37 CFR 1.497.
  • For applications with an international filing date before September 16, 2012: The oath or declaration must comply with pre-AIA 37 CFR 1.497(a) and (b).

In both cases, if a compliant declaration was not previously submitted in the international phase under PCT Rule 4.17(iv), it must be filed during the national stage.

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Tags: declaration, international application, inventor's oath, national stage application, PCT