MPEP § 2920.04(c) — Inventor’s Oath or Declaration (Annotated Rules)

§2920.04(c) Inventor’s Oath or Declaration

USPTO MPEP version: BlueIron's Update: 2025-12-31

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

Topic

Mandatory Application Elements

2 rules
StatutoryRequiredAlways
[mpep-2920-04-c-15161af207654e2d84055844]
Inventor’s Oath or Declaration Required for International Design Applications
Note:
International design applications designating the United States must include an inventor’s oath or declaration to comply with U.S. patent law.

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).

Jump to MPEP Source · 37 CFR 1.63Mandatory Application ElementsDesignation of United StatesContents of Application
StatutoryRequiredAlways
[mpep-2920-04-c-093387689dd6b7551408d3d8]
Inventors’ Oath Required for U.S. Design Applications
Note:
International design applications designating the United States must include an inventor’s oath or declaration for each identified inventor.

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).

Jump to MPEP Source · 37 CFR 1.63Mandatory Application ElementsHague DefinitionsHague Agreement Overview
Topic

Hague Agreement Overview

2 rules
StatutoryInformativeAlways
[mpep-2920-04-c-a2aed64c58f02b842016a37c]
Notification Requirement for Inventor’s Oath/Declaration in Notice of Allowability
Note:
Section 1.1067(b) requires notifying the applicant in a notice of allowability if an inventor’s oath or declaration is needed, typically when an inventor is added after publication.

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).

Jump to MPEP Source · 37 CFR 1.48(a)Hague Agreement OverviewExamination by International BureauRepresentation Before International Bureau
StatutoryRequiredAlways
[mpep-2920-04-c-dbe93d5dfac404375ece51e3]
Oath or Declaration Requirement Rare After Publication
Note:
The need to notify an applicant of a required inventor's oath or declaration is rare after publication, especially if the inventor was added post-publication and no oath or declaration has been received.

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).

Jump to MPEP Source · 37 CFR 1.48(a)Hague Agreement OverviewExamination by International BureauRepresentation Before International Bureau
Topic

Title Format Requirements

1 rules
StatutoryInformativeAlways
[mpep-2920-04-c-a8a172f2c3b6dcb8216a9e5c]
Inventor’s Oath Must Be Communicated to Office
Note:
The inventor’s oath or declaration must be communicated by the International Bureau to the Office when the published international registration is sent 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).

Jump to MPEP Source · 37 CFR 1.63Title Format RequirementsHague Agreement OverviewInventorship for International Designs

Citations

Primary topicCitation
Mandatory Application Elements
Title Format Requirements
37 CFR § 1.1021(d)(3)
Hague Agreement Overview37 CFR § 1.48(a)
Hague Agreement Overview37 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.

BlueIron Last Updated: 2025-12-31