35 U.S.C. § 115 — Inventor’s oath or declaration (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 115 Inventor’s oath or declaration
Source: Patent Statute (35 U.S.C.)BlueIron Update:
This page consolidates MPEP guidance interpreting 35 U.S.C. § 115, including 189 rules 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.
Summary
The inventor's oath or declaration must include statements confirming the originality of the invention and that it was made or authorized by the inventor.
What this section covers
- This section covers the requirements for filing an inventor's oath or declaration under MPEP 3535 USC 115, focusing on national stage applications.
Key obligations
- Include a statement that the inventor is an original inventor of the claimed application and that the application was made or authorized by them.
- File a statement acknowledging any willful false statements in the declaration, if applicable.
Practice notes
- Ensure that the declaration includes all required statements and is filed within the appropriate time frame.
- Conduct a thorough review to ensure all required statements are included in the declaration.
Official MPEP § 115 — Inventor’s oath or declaration
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 115 Inventor’s oath or declaration.
[Editor Note: Applicable to any patent application filed on or after September 16, 2012. See 35 U.S.C. 115 (pre‑AIA) for the law otherwise applicable.]
- (a) NAMING THE INVENTOR; INVENTOR’S OATH OR DECLARATION.—An application for patent that is filed under section 111(a) or commences the national stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application. Except as otherwise provided in this section, each individual who is the inventor or a joint inventor of a claimed invention in an application for patent shall execute an oath or declaration in connection with the application.
- (b) REQUIRED STATEMENTS.—An oath or declaration under
subsection (a) shall contain statements that—
- (1) the application was made or was authorized to be made by the affiant or declarant; and
- (2) such individual believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application.
- (c) ADDITIONAL REQUIREMENTS.—The Director may specify additional information relating to the inventor and the invention that is required to be included in an oath or declaration under subsection (a).
- (d) SUBSTITUTE STATEMENT.—
- (1) IN GENERAL.—In lieu of executing an oath or declaration under subsection (a), the applicant for patent may provide a substitute statement under the circumstances described in paragraph (2) and such additional circumstances that the Director may specify by regulation.
- (2) PERMITTED CIRCUMSTANCES.—A substitute
statement under paragraph (1) is permitted with respect to any
individual who—
- (A) is unable to file the oath or
declaration under subsection (a) because the individual—
- (i) is deceased;
- (ii) is under legal incapacity; or
- (iii) cannot be found or reached after diligent effort; or
- (B) is under an obligation to assign the invention but has refused to make the oath or declaration required under subsection (a).
- (A) is unable to file the oath or
declaration under subsection (a) because the individual—
- (3) CONTENTS.—A substitute statement under this
subsection shall—
- (A) identify the individual with respect to whom the statement applies;
- (B) set forth the circumstances representing the permitted basis for the filing of the substitute statement in lieu of the oath or declaration under subsection (a); and
- (C) contain any additional information, including any showing, required by the Director.
- (e) MAKING REQUIRED STATEMENTS IN ASSIGNMENT OF RECORD.—An individual who is under an obligation of assignment of an application for patent may include the required statements under subsections (b) and (c) in the assignment executed by the individual, in lieu of filing such statements separately.
- (f) TIME FOR FILING.—The applicant for patent shall provide each required oath or declaration under subsection (a), substitute statement under subsection (d), or recorded assignment meeting the requirements of subsection (e) no later than the date on which the issue fee for the patent is paid.
- (g) EARLIER-FILED APPLICATION CONTAINING REQUIRED
STATEMENTS OR SUBSTITUTE STATEMENT.—
- (1) EXCEPTION.—The requirements under this
section shall not apply to an individual with respect to an
application for patent in which the individual is named as the
inventor or a joint inventor and that claims the benefit under section
120
,
121
,
365(c)
, or
386(c)
of the filing of an earlier-filed
application, if—
- (A) an oath or declaration meeting the requirements of subsection (a) was executed by the individual and was filed in connection with the earlier-filed application;
- (B) a substitute statement meeting the requirements of subsection (d) was filed in connection with the earlier filed application with respect to the individual; or
- (C) an assignment meeting the requirements of subsection (e) was executed with respect to the earlier-filed application by the individual and was recorded in connection with the earlier-filed application.
- (2) COPIES OF OATHS, DECLARATIONS, STATEMENTS, OR ASSIGNMENTS.—Notwithstanding paragraph (1), the Director may require that a copy of the executed oath or declaration, the substitute statement, or the assignment filed in connection with the earlier-filed application be included in the later-filed application.
- (1) EXCEPTION.—The requirements under this
section shall not apply to an individual with respect to an
application for patent in which the individual is named as the
inventor or a joint inventor and that claims the benefit under section
120
,
121
,
365(c)
, or
386(c)
of the filing of an earlier-filed
application, if—
- (h) SUPPLEMENTAL AND CORRECTED STATEMENTS; FILING
ADDITIONAL STATEMENTS.—
- (1) IN GENERAL.—Any person making a statement required under this section may withdraw, replace, or otherwise correct the statement at any time. If a change is made in the naming of the inventor requiring the filing of 1 or more additional statements under this section, the Director shall establish regulations under which such additional statements may be filed.
- (2) SUPPLEMENTAL STATEMENTS NOT REQUIRED.—If an individual has executed an oath or declaration meeting the requirements of subsection (a) or an assignment meeting the requirements of subsection (e) with respect to an application for patent, the Director may not thereafter require that individual to make any additional oath, declaration, or other statement equivalent to those required by this section in connection with the application for patent or any patent issuing thereon.
- (3) SAVINGS CLAUSE.—A patent shall not be invalid or unenforceable based upon the failure to comply with a requirement under this section if the failure is remedied as provided under paragraph (1).
- (i) ACKNOWLEDGMENT OF PENALTIES.—Any declaration or statement filed pursuant to this section shall contain an acknowledgment that any willful false statement made in such declaration or statement is punishable under section 1001 of title 18 by fine or imprisonment of not more than 5 years, or both.
(Amended Aug. 27, 1982, Public Law 97-247, sec. 14(a), 96 Stat. 321; Oct. 21, 1998, Pub. L. 105-277, sec. 2222(d), 112 Stat. 2681-818; amended Sept. 16, 2011, Public Law 112-29, sec. 4(a) (effective Sept. 16, 2012), 125 Stat. 284; subsections (f) and (g)(1) amended Jan. 14, 2013, Public Law 112-274, sec. 1(f), 126 Stat. 2456; subsection (g)(1) amended Dec. 18, 2012, Public Law 112-211, sec. 102(4) (effective May 13, 2015), 126 Stat. 1531.)
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