What happens if the USPTO finds an inventor’s oath or declaration defective?

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.

If the USPTO finds an inventor’s oath or declaration defective, the following actions may occur:

• For non-reissue applications filed before allowance, non-examiner staff will review the oath or declaration and may send an informational notice about deficiencies.
• For applications at or after allowance, non-examiner staff will review the oath or declaration and send a requirement to correct any deficiencies.
• If the oath or declaration is not submitted by the time of allowance, a notice requiring it may be sent with the Notice of Allowability.

As stated in the MPEP, The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).