How do I correct an error in an oath or declaration?

If you need to correct an error in an oath or declaration, the process depends on the nature of the error and when it’s discovered. According to MPEP 602:

• For minor typographical errors, you can submit a supplemental oath or declaration pointing out the error in the original.
• If the error is substantial, a new oath or declaration may be required.
• For applications filed on or after September 16, 2012, defects can often be corrected through an application data sheet (ADS).

The MPEP states: ‘Applicant may submit a substitute statement in lieu of an oath or declaration as provided for in 37 CFR 1.64 if the requirements of 37 CFR 1.64 are met.’

It’s important to address any errors promptly to avoid potential issues during patent examination or enforcement.

To learn more:

• oath correction
• declaration error
• supplemental oath
• substitute statement