Can the inventor’s oath or declaration be submitted after the initial filing of a nonprovisional application?

Yes, for applications filed on or after September 16, 2012 (except reissue applications), the inventor’s oath or declaration can be postponed until the application is in condition for allowance, provided certain conditions are met:

• An application data sheet (ADS) in compliance with 37 CFR 1.76 must be filed identifying each inventor by their legal name, mailing address, and residence (if different from mailing address)
• The inventor’s oath or declaration must be filed no later than the date on which the issue fee is paid

The MPEP states: For applications filed on or after September 16, 2012 (except reissue applications), applicant may postpone filing the inventor’s oath or declaration until the application is in condition for allowance if an application data sheet (ADS) in compliance with 37 CFR 1.76 is filed identifying: (1) each inventor by their legal name; and (2) for each inventor, a mailing address where the inventor customarily receives mail, and residence, if the inventor lives at a location which is different from where the inventor customarily receives mail. See 37 CFR 1.53(f)(3).

This provision allows applicants more flexibility in completing the application requirements, but it’s important to ensure the oath or declaration is filed before paying the issue fee to avoid abandonment.

For more information on declaration, visit: declaration.

For more information on inventor’s oath, visit: inventor’s oath.

For more information on patent application requirements, visit: patent application requirements.