What are the consequences of failing to submit a proper oath or declaration in a patent application?

Failing to submit a proper oath or declaration in a patent application can have serious consequences:

• The application may be considered incomplete and subject to abandonment.
• A Notice to File Missing Parts will be issued, requiring submission of the oath or declaration.
• A surcharge may be required for late submission.
• The application will not be examined until a proper oath or declaration is received.

According to MPEP 602.01(a): “If the application is in condition for allowance but does not include an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, the Office will issue a ‘Notice of Allowability’ (PTOL-37) requiring the oath or declaration.” Failure to comply with this notice can result in abandonment of the application.

To learn more:

• oath
• declaration
• patent application
• consequences
• abandonment