Are supplemental oaths or declarations considered amendments under 37 CFR 1.312?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, supplemental oaths or declarations filed after allowance are not considered amendments under 37 CFR 1.312. The MPEP explicitly states:

“They should not be filed or considered as amendments under 37 CFR 1.312, since they make no change in the wording of the papers on file.”

This means that supplemental oaths or declarations do not alter the content of the application and are treated differently from post-allowance amendments.

Topics: Patent Law Patent Procedure
Tags: 37 Cfr 1312, amendments, Patent Allowance, Post Allowance Procedures, supplemental declaration, Supplemental Oath