What happens if the required inventor’s oath or declaration is not filed in a national stage application?

If the required inventor’s oath or declaration is not filed in a national stage application, the following process typically occurs:

1. If the basic national fee and copy of the international application have been received by the expiration of 30 months from the priority date, but the required oath or declaration is missing, the USPTO will send a Notification of Missing Requirements (Form PCT/DO/EO/905).
2. This notification will set a time period for the applicant to submit the required oath or declaration.
3. The applicant will also be required to pay a surcharge fee under 37 CFR 1.492(h) for filing the inventor’s oath or declaration after the date of commencement, unless it was previously paid.
4. If the applicant fails to timely file the required oath or declaration within the set time period, the application will be abandoned.

As stated in the MPEP: “Failure to timely file the required oath or declaration will result in abandonment of the application.“

It’s important to note that even if the filing of the oath or declaration is postponed under certain conditions, the surcharge fee for late filing still applies.

To learn more:

• inventor’s oath
• declaration
• national stage application
• missing requirements
• abandonment