MPEP § 602.03 — Office Finds the Inventor’s Oath or Declaration Defective (Annotated Rules)

§602.03 Office Finds the Inventor’s Oath or Declaration Defective

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

This page consolidates and annotates all enforceable requirements under MPEP § 602.03, 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.

Office Finds the Inventor’s Oath or Declaration Defective

This section addresses Office Finds the Inventor’s Oath or Declaration Defective. Primary authority: 35 U.S.C. 115(f), 37 CFR 1.63, and 37 CFR 1.64. Contains: 2 requirements, 1 guidance statement, 3 permissions, and 1 other statement.

Key Rules

Topic

AIA Oath/Declaration Requirements (37 CFR 1.63)

3 rules
StatutoryPermittedAlways
[mpep-602-03-44d8c35536adf88550266063]
Non-Examiner Staff Reviews Inventor’s Oath or Declaration Before Allowance
Note:
Non-examiner staff will review inventor’s oaths or declarations filed before allowance for compliance with 37 CFR 1.63 or 1.64 and may send an informational notice regarding any deficiencies.

Examiners are not required to review inventor’s oaths or declarations that are filed in non-reissue applications. Non-examiner staff will review inventor’s oaths or declarations that are filed before allowance of an application for compliance with 37 CFR 1.63 or 1.64 and may send an informational notice to the applicant regarding any deficiencies. Similarly, non-examiner staff will review inventor’s oaths or declarations at or after allowance of an application for compliance with 37 CFR 1.63 or 1.64 and will send a requirement to the applicant to correct any deficiencies. If an application data sheet has been submitted, applicant may postpone the filing of the inventor’s oath or declaration until the application is in condition for allowance for applications filed on or after September 16, 2012. If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of allowance, a notice requiring the inventor’s oath or declaration may be sent with the Notice of Allowability. The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).

Jump to MPEP Source · 37 CFR 1.63AIA Oath/Declaration Requirements (37 CFR 1.63)Assignee as Applicant SignatureApplicant and Assignee Filing Under AIA
StatutoryInformativeAlways
[mpep-602-03-fc6e2e2c2ed91d0f0d09af41]
Requirement for Inventor’s Oath or Declaration After Allowance
Note:
Non-examiner staff must review inventor’s oaths or declarations after allowance and ensure compliance with 37 CFR 1.63 or 1.64, requiring corrections if deficiencies are found.

Examiners are not required to review inventor’s oaths or declarations that are filed in non-reissue applications. Non-examiner staff will review inventor’s oaths or declarations that are filed before allowance of an application for compliance with 37 CFR 1.63 or 1.64 and may send an informational notice to the applicant regarding any deficiencies. Similarly, non-examiner staff will review inventor’s oaths or declarations at or after allowance of an application for compliance with 37 CFR 1.63 or 1.64 and will send a requirement to the applicant to correct any deficiencies. If an application data sheet has been submitted, applicant may postpone the filing of the inventor’s oath or declaration until the application is in condition for allowance for applications filed on or after September 16, 2012. If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of allowance, a notice requiring the inventor’s oath or declaration may be sent with the Notice of Allowability. The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).

Jump to MPEP Source · 37 CFR 1.63AIA Oath/Declaration Requirements (37 CFR 1.63)Assignee as Applicant SignatureApplicant and Assignee Filing Under AIA
StatutoryPermittedAlways
[mpep-602-03-000ce9fed11972c6442cba83]
Requirement for Oath or Declaration at Allowance
Note:
The inventor’s oath or declaration must be submitted no later than the date of paying the issue fee after allowance.

Examiners are not required to review inventor’s oaths or declarations that are filed in non-reissue applications. Non-examiner staff will review inventor’s oaths or declarations that are filed before allowance of an application for compliance with 37 CFR 1.63 or 1.64 and may send an informational notice to the applicant regarding any deficiencies. Similarly, non-examiner staff will review inventor’s oaths or declarations at or after allowance of an application for compliance with 37 CFR 1.63 or 1.64 and will send a requirement to the applicant to correct any deficiencies. If an application data sheet has been submitted, applicant may postpone the filing of the inventor’s oath or declaration until the application is in condition for allowance for applications filed on or after September 16, 2012. If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of allowance, a notice requiring the inventor’s oath or declaration may be sent with the Notice of Allowability. The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).

Jump to MPEP Source · 37 CFR 1.63AIA Oath/Declaration Requirements (37 CFR 1.63)Inventor's Oath/Declaration RequirementsWithdrawal by USPTO Initiative
Topic

Inventor Signature Requirements

2 rules
StatutoryRecommendedAlways
[mpep-602-03-c00c33bdb0185bd20eba2c4a]
Oath or Declaration Must Not Be Altered After Signing
Note:
The wording of an oath or declaration should remain unchanged after signing. Any deficiencies can be corrected with a supplemental paper, but a new oath is not required.

The wording of an oath or declaration should not be amended, altered or changed in any manner after it has been signed. If the wording is not correct or if all of the required affirmations have not been made, or if it has not been properly subscribed to, a new oath or declaration should be submitted. However, in some cases, a deficiency in the oath or declaration can be corrected by a supplemental paper such as an application data sheet (see 37 CFR 1.76 and MPEP § 601.05) and a new oath or declaration is not necessary. See 37 CFR 1.63(b). For example, if the oath does not set forth evidence that the notary was acting within their jurisdiction at the time the oath is administered the oath, a certificate of the notary that the oath was taken within their jurisdiction will correct the deficiency. See MPEP § 602.

Jump to MPEP Source · 37 CFR 1.76Inventor Signature RequirementsSignature RequirementsInventor Oath/Declaration Signature
StatutoryRequiredAlways
[mpep-602-03-5db56f7dd69333581d7518f9]
Requirement for Inventor’s Signature on Declaration
Note:
The inventor must sign a declaration that includes personal information, names all inventors, and specifies the application to which it applies.

The inventor’s oath or declaration must include certain inventor bibliographic information (see MPEP § 602.08(a)), name the inventor or each joint inventor and except as otherwise provided be signed by each inventor (see MPEP § 602.08(b)), and identify the application to which it is directed (see MPEP § 602.08(c)). See MPEP § 602.04 for a defective foreign executed oath.

Jump to MPEP SourceInventor Signature RequirementsSignature Requirements
Topic

Withdrawal by USPTO Initiative

1 rules
StatutoryRequiredAlways
[mpep-602-03-566d856c5462d3b26549475c]
Examiners Not Required to Review Inventor’s Oath in Non-Reissue Applications
Note:
Examiners are not responsible for reviewing inventor's oaths or declarations in non-reissue applications; these must be reviewed by non-examiner staff before allowance.

Examiners are not required to review inventor’s oaths or declarations that are filed in non-reissue applications. Non-examiner staff will review inventor’s oaths or declarations that are filed before allowance of an application for compliance with 37 CFR 1.63 or 1.64 and may send an informational notice to the applicant regarding any deficiencies. Similarly, non-examiner staff will review inventor’s oaths or declarations at or after allowance of an application for compliance with 37 CFR 1.63 or 1.64 and will send a requirement to the applicant to correct any deficiencies. If an application data sheet has been submitted, applicant may postpone the filing of the inventor’s oath or declaration until the application is in condition for allowance for applications filed on or after September 16, 2012. If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of allowance, a notice requiring the inventor’s oath or declaration may be sent with the Notice of Allowability. The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).

Jump to MPEP Source · 37 CFR 1.63Withdrawal by USPTO InitiativeAIA Effective DatesAIA Oath/Declaration Requirements (37 CFR 1.63)
Topic

AIA Effective Dates

1 rules
StatutoryPermittedAlways
[mpep-602-03-f21f27617ed968cd30bd4c87]
Postponement of Inventor’s Oath for Applications Filed After Sep 16, 2012
Note:
Allows applicants to delay filing the inventor’s oath or declaration until the application is in condition for allowance if an application data sheet has been submitted.

Examiners are not required to review inventor’s oaths or declarations that are filed in non-reissue applications. Non-examiner staff will review inventor’s oaths or declarations that are filed before allowance of an application for compliance with 37 CFR 1.63 or 1.64 and may send an informational notice to the applicant regarding any deficiencies. Similarly, non-examiner staff will review inventor’s oaths or declarations at or after allowance of an application for compliance with 37 CFR 1.63 or 1.64 and will send a requirement to the applicant to correct any deficiencies. If an application data sheet has been submitted, applicant may postpone the filing of the inventor’s oath or declaration until the application is in condition for allowance for applications filed on or after September 16, 2012. If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of allowance, a notice requiring the inventor’s oath or declaration may be sent with the Notice of Allowability. The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).

Jump to MPEP Source · 37 CFR 1.63AIA Effective DatesAssignee as Applicant SignatureAIA Overview and Effective Dates
Topic

Inventor's Oath/Declaration Requirements

1 rules
StatutoryRequiredAlways
[mpep-602-03-8ff8b6b147bc134cd5c40980]
Inventor’s Oath/Declaration Before Issue Fee
Note:
The inventor's oath or declaration must be submitted before the issue fee is paid.

Examiners are not required to review inventor’s oaths or declarations that are filed in non-reissue applications. Non-examiner staff will review inventor’s oaths or declarations that are filed before allowance of an application for compliance with 37 CFR 1.63 or 1.64 and may send an informational notice to the applicant regarding any deficiencies. Similarly, non-examiner staff will review inventor’s oaths or declarations at or after allowance of an application for compliance with 37 CFR 1.63 or 1.64 and will send a requirement to the applicant to correct any deficiencies. If an application data sheet has been submitted, applicant may postpone the filing of the inventor’s oath or declaration until the application is in condition for allowance for applications filed on or after September 16, 2012. If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of allowance, a notice requiring the inventor’s oath or declaration may be sent with the Notice of Allowability. The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).

Jump to MPEP Source · 37 CFR 1.63Inventor's Oath/Declaration RequirementsIssue FeesFee Requirements
Topic

Duty of Disclosure Fundamentals

1 rules
StatutoryInformativeAlways
[mpep-602-03-08c13644fbfaf2fddba49b46]
Oath or Declaration Date Not Checked
Note:
The Office does not verify the date of execution for oaths or declarations, and will not require a new one if it is more than three months old or missing. However, applicants must continue to disclose relevant information under 37 CFR 1.56.

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 are reminded that they have a continuing duty of disclosure under 37 CFR 1.56.

Jump to MPEP Source · 37 CFR 1.56Duty of Disclosure FundamentalsDuty of DisclosureIndividuals Under Duty
Topic

Inventor Oath/Declaration Signature

1 rules
StatutoryRequiredAlways
[mpep-602-03-6efb9701e67acc1fedc98cba]
Requirement for Correct Oath or Declaration
Note:
If the wording is incorrect or affirmations are missing, a new oath or declaration must be submitted. However, certain deficiencies can be corrected with a supplemental paper without needing a new submission.

The wording of an oath or declaration should not be amended, altered or changed in any manner after it has been signed. If the wording is not correct or if all of the required affirmations have not been made, or if it has not been properly subscribed to, a new oath or declaration should be submitted. However, in some cases, a deficiency in the oath or declaration can be corrected by a supplemental paper such as an application data sheet (see 37 CFR 1.76 and MPEP § 601.05) and a new oath or declaration is not necessary. See 37 CFR 1.63(b). For example, if the oath does not set forth evidence that the notary was acting within their jurisdiction at the time the oath is administered the oath, a certificate of the notary that the oath was taken within their jurisdiction will correct the deficiency. See MPEP § 602.

Jump to MPEP Source · 37 CFR 1.76Inventor Oath/Declaration SignatureInventor Signature RequirementsPTAB Jurisdiction
Topic

PTAB Jurisdiction

1 rules
StatutoryInformativeAlways
[mpep-602-03-201ee73792d9c8d66bc58b5a]
Notary Must Certify Oath Within Their Jurisdiction
Note:
If an oath does not show the notary was acting within their jurisdiction, a certificate from the notary confirming this can correct the deficiency.

The wording of an oath or declaration should not be amended, altered or changed in any manner after it has been signed. If the wording is not correct or if all of the required affirmations have not been made, or if it has not been properly subscribed to, a new oath or declaration should be submitted. However, in some cases, a deficiency in the oath or declaration can be corrected by a supplemental paper such as an application data sheet (see 37 CFR 1.76 and MPEP § 601.05) and a new oath or declaration is not necessary. See 37 CFR 1.63(b). For example, if the oath does not set forth evidence that the notary was acting within their jurisdiction at the time the oath is administered the oath, a certificate of the notary that the oath was taken within their jurisdiction will correct the deficiency. See MPEP § 602.

Jump to MPEP Source · 37 CFR 1.76PTAB JurisdictionInventor Signature RequirementsPTAB Contested Case Procedures

Citations

Primary topicCitation
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
Inventor's Oath/Declaration Requirements
Withdrawal by USPTO Initiative
35 U.S.C. § 115(f)
Duty of Disclosure Fundamentals37 CFR § 1.56
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
Inventor's Oath/Declaration Requirements
Withdrawal by USPTO Initiative
37 CFR § 1.63
Inventor Oath/Declaration Signature
Inventor Signature Requirements
PTAB Jurisdiction
37 CFR § 1.63(b)
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
Inventor's Oath/Declaration Requirements
Withdrawal by USPTO Initiative
37 CFR § 1.64
Inventor Oath/Declaration Signature
Inventor Signature Requirements
PTAB Jurisdiction
37 CFR § 1.76
Inventor Oath/Declaration Signature
Inventor Signature Requirements
PTAB Jurisdiction
MPEP § 601.05
Inventor Oath/Declaration Signature
Inventor Signature Requirements
PTAB Jurisdiction
MPEP § 602
Inventor Signature RequirementsMPEP § 602.04
Inventor Signature RequirementsMPEP § 602.08(a)
Inventor Signature RequirementsMPEP § 602.08(b)
Inventor Signature RequirementsMPEP § 602.08(c)

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