How can I correct a defective inventor’s oath or declaration after paying the issue fee?

How can I correct a defective inventor’s oath or declaration after paying the issue fee?

Correcting a defective inventor’s oath or declaration after paying the issue fee requires specific procedures. According to the MPEP:

If an oath or declaration filed after the date the issue fee was paid is defective, applicant must file a petition under 37 CFR 1.313 to withdraw the application from issue and a renewed petition under 37 CFR 1.137 to revive the application.

The process involves:

  1. Filing a petition to withdraw the application from issue under 37 CFR 1.313
  2. Filing a renewed petition to revive the application under 37 CFR 1.137
  3. Submitting a corrected oath or declaration
  4. Paying any required fees

For detailed guidance, refer to MPEP 602.03.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: Defective Declaration, Defective Oath, issue fee, Petition To Revive, Petition To Withdraw