What are the requirements for identifying the application in an inventor’s oath or declaration?

An inventor’s oath or declaration must properly identify the application to which it is directed. The MPEP provides several acceptable methods for identification:

1. For oaths/declarations filed on the application filing date:
   • Inventor name(s) and reference to an attached specification
   • Inventor name(s) and attorney docket number from the specification
   • Inventor name(s) and title of the invention from the specification
2. For oaths/declarations filed after the filing date:
   • Application number (series code and serial number)
   • Serial number and filing date
   • International application number
   • International registration number (for design applications)
   • Attorney docket number from the specification
   • Title of the invention with reference to an attached specification
   • Title of the invention with a cover letter identifying the application

The MPEP states: “37 CFR 1.63 requires that an oath or declaration identify the application (e.g., specification and drawings) to which it is directed.”

It’s important to accurately identify the application to ensure the oath or declaration is properly associated with the correct application and to prevent potential abandonment issues.

To learn more:

• inventor oath
• inventor declaration
• application identification