When must the inventor’s oath or declaration be filed in an international design application?
The inventor’s oath or declaration should typically be included with the initial filing of the international design application. However, if it is not filed initially, there are provisions for later submission.
According to 37 CFR 1.1067(b): If the applicant is notified in a notice of allowability that an oath or declaration in compliance with § 1.63, or substitute statement in compliance with § 1.64, executed by or with respect to each named inventor has not been filed, the applicant must file each required oath or declaration in compliance with § 1.63, or substitute statement in compliance with § 1.64, no later than the date on which the issue fee is paid to avoid abandonment.
It’s important to note that this deadline is not extendable under 37 CFR 1.136. Therefore, applicants should strive to submit the oath or declaration as early as possible to avoid potential complications.
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