37 CFR § 1.497 — Inventor’s oath or declaration under 35 (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.497 Inventor’s oath or declaration under 35
This page consolidates MPEP guidance interpreting 37 CFR § 1.497, including 57 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 under 35 CFR 1.497 is a mandatory submission required within 30 months from the priority date for Patent Cooperation Treaty (PCT) national stage entries, ensuring proper inventor identification and legal compliance.
What this section covers
- Specific requirements for inventor's oath or declaration in PCT national stage applications.
- Procedural context and timeframe for submitting inventor documentation in international patent applications.
Key obligations
- Submit inventor's oath or declaration within 30 months from the priority date for PCT national stage entries.
- Comply with documentation requirements for identifying inventors in international patent applications.
Conditions and exceptions
- Recognize potential variations in requirements for different types of patent applications and national stage entries.
Practice notes
- Track the 30-month deadline carefully to ensure timely submission of inventor's documentation.
- Verify all required information is complete and accurate in the inventor's oath or declaration.
Official MPEP § 1.497 — Inventor’s oath or declaration under 35
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.497 Inventor’s oath or declaration under 35 U.S.C. 371(c)(4).
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]
- (a) When an applicant of an international application desires to enter the national stage under 35 U.S.C. 371 pursuant to § 1.495 , and a declaration in compliance with § 1.63 has not been previously submitted in the international application under PCT Rule 4.17(iv) within the time limits provided for in PCT Rule 26ter.1 , the applicant must file the inventor’s oath or declaration. The inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent must execute an oath or declaration in accordance with the conditions and requirements of § 1.63 , except as provided for in § 1.64 .
- (b) An oath or declaration under § 1.63 will be accepted as complying with 35 U.S.C. 371(c)(4) if it complies with the requirements of §§ 1.63(a), (c) and (g) . A substitute statement under § 1.64 will be accepted as complying with 35 U.S.C. 371(c)(4) if it complies with the requirements of §§ 1.64(b)(1), (c) and (e) and identifies the person executing the substitute statement. If a newly executed inventor’s oath or declaration under § 1.63 or substitute statement under § 1.64 is not required pursuant to § 1.63(d) , submission of the copy of the previously executed oath, declaration, or substitute statement under § 1.63(d)(1) is required to comply with 35 U.S.C. 371(c)(4) .
- (c) If an oath or declaration under § 1.63 , or substitute statement under § 1.64 , meeting the requirements of § 1.497(b) does not also meet the requirements of § 1.63 or § 1.64 , an oath, declaration, substitute statement, or application data sheet in accordance with § 1.76 to comply with § 1.63 or § 1.64 will be required.
[Added 52 FR 20052, May 28, 1987, effective July 1, 1987; paras. (a) and (b) revised and para. (c) added, 61 FR 42790, Aug. 19, 1996, effective Sept. 23, 1996; para. (b)(2) revised and paras. (d) and (e) added, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; paras. (a), (c), and (d) revised and paras. (f) and (g) added, 66 FR 16004, Mar. 22, 2001, effective Mar. 1, 2001; para. (a)(1) corrected, 66 FR 28053, May 22, 2001, effective Mar. 22, 2001; paras. (a), (c), (d), and (f) revised, 67 FR 520, Jan. 4, 2002, effective Apr. 1, 2002; para. (c) corrected, 67 FR 6075, Feb. 8, 2002; para. (f)(1), revised 72 FR 51559, Sept. 10, 2007, effective Sept. 10, 2007; 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 § 1.497 (pre‑AIA) for the rule otherwise in effect.]
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- Aia Overview
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- Applicability
- Oath Declaration
- Prior Art Pre Aia
- Assignment Ownership
- Assignee Rights
- Assignee Post Aia
- Duty Of Disclosure
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- Ids
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- Maintenance Fee Late
- Late Payment Surcharge
- Pct
- Pct Filing
- Pct National Stage Entry
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| MPEP Section | Rules |
|---|---|
| MPEP § 1893.01(a)(1) | |
| MPEP § 1893.01(e) | |
| MPEP § 1893.03(g) | |
| MPEP § 201.06(c) | |
| MPEP § 602.08(b) |