Can an applicant postpone filing the inventor’s oath or declaration in a patent application?

Can an applicant postpone filing the inventor’s oath or declaration in a patent application?

Yes, an applicant can postpone filing the inventor’s oath or declaration in a patent application under certain conditions. According to MPEP 602.01(a):

“An applicant may postpone filing the inventor’s oath or declaration until the application is otherwise in condition for allowance if the applicant is an assignee or a person to whom the inventor is under an obligation to assign the invention.”

However, it’s important to note that the oath or declaration (or an acceptable substitute statement) must be filed no later than the date on which the issue fee is paid. If not filed by then, the application will be regarded as abandoned.

Note: This postponement option is only available for applications filed on or after September 16, 2012, under the America Invents Act (AIA).

To learn more:

• inventor’s oath
• declaration
• postponement
• patent application
• AIA