Can an inventor’s oath or declaration be corrected or withdrawn after submission?
Yes, an inventor’s oath or declaration can be corrected, withdrawn, or replaced after submission. This is provided for in 35 U.S.C. 115(h)(1), which states:
Any person making a statement required under this section may withdraw, replace, or otherwise correct the statement at any time.
Additionally, 37 CFR 1.63(h) provides:
An oath or declaration filed at any time pursuant to 35 U.S.C. 115(h)(1) will be placed in the file record of the application or patent, but may not necessarily be reviewed by the Office.
This means that:
- Inventors or applicants can submit corrections or replacements to oaths or declarations at any time
- These corrected or replacement documents will be added to the application file
- The USPTO may not necessarily review these additional submissions
However, it’s important to note that any request for correction of the named inventorship must comply with 37 CFR 1.48 in an application and 37 CFR 1.324 in a patent. These regulations provide specific procedures for correcting inventorship, which are separate from the process of correcting an oath or declaration.
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