Can an inventor’s oath or declaration indicate a U.S. National Stage Application?

Yes, an inventor’s oath or declaration can indicate a U.S. National Stage Application under certain conditions:

The MPEP states: “The inclusion with the initial application submission of an inventor’s oath or declaration identifying the international application by international application number as the application to which the oath or declaration is directed is considered an indication that the application was submitted under 35 U.S.C. 371.”

However, it’s important to note that:

• Simply claiming priority to an international application in the oath or declaration is not sufficient to indicate a submission under 35 U.S.C. 371.
• The oath or declaration must specifically identify the international application by its application number.

For clarity and to avoid potential issues, it’s still recommended to use Form PTO-1390 or clearly indicate the 35 U.S.C. 371 submission in addition to the oath or declaration.

To learn more:

• Inventor’s Oath
• Inventor’s Declaration
• U.S. National Stage Application
• 35 U.S.C. 371
• International Application