Does the USPTO check the date of execution for inventor’s oaths or declarations?

No, the USPTO does not routinely check the date of execution for inventor’s oaths or declarations. The MPEP states:

The Office does not check the date of execution of the oath or declaration and will not require a newly executed oath or declaration based on an oath or declaration being stale (i.e., when the date of execution is more than three months prior to the filing date of the application) or where the date of execution has been omitted.

However, applicants should be aware that they have a continuing duty of disclosure under 37 CFR 1.56. This means that while the USPTO doesn’t check the execution date, applicants are still responsible for ensuring the information in the oath or declaration remains accurate and up-to-date.

To learn more:

• inventor’s oath
• declaration
• execution date
• USPTO
• duty of disclosure