What are the requirements for the inventor’s oath or declaration in a U.S. national stage application?
The requirements for the inventor’s oath or declaration in a U.S. national stage application depend on the international filing date:
For applications with an international filing date on or after September 16, 2012:
As per 37 CFR 1.497:
- The oath or declaration must comply with the requirements of 37 CFR 1.63
- It can be postponed until the application is otherwise in condition for allowance if an application data sheet is submitted
- A declaration submitted in the international phase under PCT Rule 4.17(iv) may be sufficient
For applications with an international filing date before September 16, 2012:
As per pre-AIA 37 CFR 1.497:
- The oath or declaration must identify the specification, each inventor, and state that the person believes the named inventor(s) to be the original and first inventor(s)
- It must be made by all actual inventors, except as provided in pre-AIA 37 CFR 1.42, 1.43, or 1.47
- A new oath or declaration may be required if there were changes to the international filing date or inventorship
For both cases, failure to timely file the required oath or declaration may result in abandonment of the application.
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