What are the minimum requirements for identifying a patent application in an oath or declaration filed on the application filing date?

According to MPEP 602.08(c), there are three acceptable combinations of information for identifying a patent application in an oath or declaration filed on the application filing date:

  • Name of inventor(s) and reference to an attached specification or application
  • Name of inventor(s) and attorney docket number on the specification as filed
  • Name of inventor(s) and title of the invention on the specification as filed

The MPEP states: Filing dates are granted on applications filed without an inventor’s oath or declaration in compliance with 37 CFR 1.63. This means that an application can receive a filing date even if the oath or declaration is not initially included.

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Topics: Patent Law, Patent Procedure
Tags: declaration, Filing Date, Identification Requirements, oath