What happens if an application is in condition for allowance but lacks a proper oath or declaration?
For applications filed on or after September 16, 2012, if an application is in condition for allowance but lacks a proper oath or declaration, the USPTO has a specific procedure. According to MPEP 1303:
“The Office will issue a ‘Notice of Allowance and Fee(s) Due’ (PTOL-85) together with a ‘Notice of Allowability’ (PTOL-37) including a ‘Notice Requiring Inventor’s Oath or Declaration’ (PTOL-2306) requiring the applicant to file an oath or declaration in compliance with 37 CFR 1.63, or substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, no later than the date of payment of the issue fee to avoid abandonment.”
It’s crucial to respond to this notice properly and timely to prevent the application from being abandoned.
To learn more: