What are the requirements for an inventor’s oath or declaration in applications filed before September 16, 2012?

For applications filed before September 16, 2012, the requirements for an inventor’s oath or declaration are governed by pre-AIA 37 CFR 1.63. The oath or declaration must:

1. Be executed (signed) in accordance with pre-AIA 37 CFR 1.66 or pre-AIA 37 CFR 1.68.
2. Identify each inventor by full name, including family name and at least one given name, without abbreviation.
3. Identify the country of citizenship of each inventor.
4. State that the person making the oath or declaration believes the named inventor(s) to be the original and first inventor(s) of the subject matter claimed.
5. State that the person making the oath or declaration has reviewed and understands the contents of the application, including the claims.
6. Acknowledge the duty to disclose to the Office all information known to be material to patentability as defined in 37 CFR 1.56.

These requirements are different from those for applications filed on or after September 16, 2012, and it’s important to use the correct version of the oath or declaration based on the application’s filing date.

To learn more:

• Pre-AIA
• Inventor’s oath
• Declaration
• Patent application
• Legal requirements