MPEP § 2920.04(c) — Inventor’s Oath or Declaration (Annotated Rules)
§2920.04(c) Inventor’s Oath or Declaration
This page consolidates and annotates all enforceable requirements under MPEP § 2920.04(c), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Inventor’s Oath or Declaration
This section addresses Inventor’s Oath or Declaration. Primary authority: 37 CFR 1.63, 37 CFR 1.1021(d)(3), and 37 CFR 1.1067. Contains: 3 requirements and 2 other statements.
Key Rules
Mandatory Application Elements
International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64). See 37 CFR 1.1021(d)(3). The International Bureau reviews international design applications designating the United States to ensure that the required inventor’s oath or declaration is provided for the inventors identified in the international design application. The inventor’s oath or declaration is communicated by the International Bureau to the Office when the published international registration is sent to the Office pursuant to Hague Agreement Article 10(3).
International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64). See 37 CFR 1.1021(d)(3). The International Bureau reviews international design applications designating the United States to ensure that the required inventor’s oath or declaration is provided for the inventors identified in the international design application. The inventor’s oath or declaration is communicated by the International Bureau to the Office when the published international registration is sent to the Office pursuant to Hague Agreement Article 10(3).
Hague Agreement Overview
Section 1.1067(b) provides for notifying the applicant in a notice of allowability of a requirement to provide the inventor’s oath or declaration. As compliance with the requirement for the inventor’s oath or declaration will have been reviewed by the International Bureau, the need to notify the applicant in a notice of allowability that an inventor’s oath or declaration is required should be rare, e.g., where an inventor is added pursuant to 37 CFR 1.48(a) after publication of the international registration and an executed oath or declaration from the inventor has not been received. See 37 CFR 1.48(b).
Section 1.1067(b) provides for notifying the applicant in a notice of allowability of a requirement to provide the inventor’s oath or declaration. As compliance with the requirement for the inventor’s oath or declaration will have been reviewed by the International Bureau, the need to notify the applicant in a notice of allowability that an inventor’s oath or declaration is required should be rare, e.g., where an inventor is added pursuant to 37 CFR 1.48(a) after publication of the international registration and an executed oath or declaration from the inventor has not been received. See 37 CFR 1.48(b).
Title Format Requirements
International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64). See 37 CFR 1.1021(d)(3). The International Bureau reviews international design applications designating the United States to ensure that the required inventor’s oath or declaration is provided for the inventors identified in the international design application. The inventor’s oath or declaration is communicated by the International Bureau to the Office when the published international registration is sent to the Office pursuant to Hague Agreement Article 10(3).
Citations
| Primary topic | Citation |
|---|---|
| Mandatory Application Elements Title Format Requirements | 37 CFR § 1.1021(d)(3) |
| Hague Agreement Overview | 37 CFR § 1.48(a) |
| Hague Agreement Overview | 37 CFR § 1.48(b) |
| Mandatory Application Elements Title Format Requirements | 37 CFR § 1.63 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2920.04(c) — Inventor’s Oath or Declaration
Source: USPTO2920.04(c) Inventor’s Oath or Declaration [R-07.2015]
37 CFR 1.1021 Contents of the international design application.
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- (d) Required contents where the United States is
designated. In addition to the mandatory requirements set forth in paragraph
(a) of this section, an international design application that designates the
United States shall contain or be accompanied by:
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- (3) The inventor’s oath or declaration (§§ 1.63 and 1.64). The requirements in §§ 1.63(b) and 1.64(b)(4) to identify each inventor by his or her legal name, mailing address, and residence, if an inventor lives at a location which is different from the mailing address, and the requirement in § 1.64(b)(2) to identify the residence and mailing address of the person signing the substitute statement will be considered satisfied by the presentation of such information in the international design application prior to international registration.
37 CFR 1.1067 Title, description, and inventor’s oath or declaration.
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- (b) An international design application designating the United States must include the inventor’s oath or declaration. See § 1.1021(d). If the applicant is notified in a notice of allowability that an oath or declaration in compliance with § 1.63, or substitute statement in compliance with § 1.64, executed by or with respect to each named inventor has not been filed, the applicant must file each required oath or declaration in compliance with § 1.63, or substitute statement in compliance with § 1.64, no later than the date on which the issue fee is paid to avoid abandonment. This time period is not extendable under § 1.136 (see § 1.136(c)).
International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64). See 37 CFR 1.1021(d)(3). The International Bureau reviews international design applications designating the United States to ensure that the required inventor’s oath or declaration is provided for the inventors identified in the international design application. The inventor’s oath or declaration is communicated by the International Bureau to the Office when the published international registration is sent to the Office pursuant to Hague Agreement Article 10(3).
Section 1.1067(b) provides for notifying the applicant in a notice of allowability of a requirement to provide the inventor’s oath or declaration. As compliance with the requirement for the inventor’s oath or declaration will have been reviewed by the International Bureau, the need to notify the applicant in a notice of allowability that an inventor’s oath or declaration is required should be rare, e.g., where an inventor is added pursuant to 37 CFR 1.48(a) after publication of the international registration and an executed oath or declaration from the inventor has not been received. See 37 CFR 1.48(b).