MPEP § 602.02 — New Oath or Substitute for Original (Annotated Rules)
§602.02 New Oath or Substitute for Original
This page consolidates and annotates all enforceable requirements under MPEP § 602.02, 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.
New Oath or Substitute for Original
This section addresses New Oath or Substitute for Original. Primary authority: 37 CFR 1.67(a), 37 CFR 1.76, and 37 CFR 1.63(a). Contains: 3 requirements and 1 guidance statement.
Key Rules
AIA Effective Dates
For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS is filed that provides the required inventor information. If such an ADS is not filed, then each oath or declaration must name all of the inventors. See 37 CFR 1.63(a) and (b). Each separate oath or declaration by an inventor should be complete in itself.
For applications filed before September 16, 2012, where neither the original oath or declaration, nor the substitute oath or declaration is complete in itself, but each oath or declaration names all of the inventors and the two taken together give all the required data, no further oath or declaration is needed.
AIA Oath/Declaration Requirements (37 CFR 1.63)
For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS is filed that provides the required inventor information. If such an ADS is not filed, then each oath or declaration must name all of the inventors. See 37 CFR 1.63(a) and (b). Each separate oath or declaration by an inventor should be complete in itself.
Inventor's Oath/Declaration Requirements
For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS is filed that provides the required inventor information. If such an ADS is not filed, then each oath or declaration must name all of the inventors. See 37 CFR 1.63(a) and (b). Each separate oath or declaration by an inventor should be complete in itself.
Citations
| Primary topic | Citation |
|---|---|
| AIA Effective Dates AIA Oath/Declaration Requirements (37 CFR 1.63) Inventor's Oath/Declaration Requirements | 37 CFR § 1.63(a) |
| – | 37 CFR § 1.67(a) |
| – | 37 CFR § 1.76 |
| – | MPEP § 601.05 |
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.
Official MPEP § 602.02 — New Oath or Substitute for Original
Source: USPTO602.02 New Oath or Substitute for Original [R-11.2013]
Applicant may submit a new inventor’s oath or declaration to correct any deficiencies or inaccuracies present in an earlier-filed inventor’s oath or declaration. See 37 CFR 1.67(a). Some deficiencies or inaccuracies can be corrected with an application data sheet (ADS) in accordance with 37 CFR 1.76. See MPEP § 601.05.
For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS is filed that provides the required inventor information. If such an ADS is not filed, then each oath or declaration must name all of the inventors. See 37 CFR 1.63(a) and (b). Each separate oath or declaration by an inventor should be complete in itself.
For applications filed before September 16, 2012, where neither the original oath or declaration, nor the substitute oath or declaration is complete in itself, but each oath or declaration names all of the inventors and the two taken together give all the required data, no further oath or declaration is needed.