37 CFR § 1.162 — Applicant, oath or declaration. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.162 Applicant, oath or declaration.
This page consolidates MPEP guidance interpreting 37 CFR § 1.162, including 25 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
This section covers the requirements for an inventor's oath in a plant patent application, ensuring that the named inventor has invented or discovered and asexually reproduced the new plant variety.
What this section covers
- Defines the requirements for an inventor's oath in a plant patent application.
Key obligations
- The inventor must be named in the application as the person who has invented or discovered and asexually reproduced the new plant variety.
- An oath must be provided by the inventor confirming their role in inventing or discovering and asexually reproducing the plant variety.
- Compliance with these requirements is necessary to ensure the validity of the plant patent application under USC and CFR authority.
Practice notes
- Ensure the inventor's name matches exactly with the name used in the application and any other official documents.
- Warn practitioners about potential issues if the inventor's role in inventing or discovering and asexually reproducing the plant variety is not clearly established.
Official MPEP § 1.162 — Applicant, oath or declaration.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.162 Applicant, oath or declaration.
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]
The inventor named for a plant patent application must be the person who has invented or discovered and asexually reproduced the new and distinct variety of plant for which a patent is sought. The inventor’s oath or declaration, in addition to the averments required by § 1.63 or § 1.64 , must state that the inventor has asexually reproduced the plant. Where the plant is a newly found plant, the inventor’s oath or declaration must also state that it was found in a cultivated area.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
[ *The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.162 (pre‑AIA) for the rule otherwise in effect.]
- Aia Practice
- Aia Overview
-
- Assignment Ownership
- Assignee Rights
- Assignee Post Aia
- Correspondence Address
- Plant Patents
- Plant Application
- Plant Inventor Oath
-
- Reissue
- Reissue Oath Declaration
- Signature Requirements
| MPEP Section | Rules |
|---|---|
| MPEP § 1604 | |
| MPEP § 201.06(c) | |
| MPEP § 603 |