This page consolidates MPEP guidance interpreting 37 CFR § 1.63, including 688 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 is a formal statement required by patent law to establish inventorship and affirm the truthfulness of the information provided in a patent application.

What this section covers

• Defines what an inventor’s oath or declaration entails, including its role in establishing inventorship and confirming the accuracy of the information disclosed in a patent application.
• Identifies the core topic and scope of guidance in this section, focusing on the formal statements required by patent law to establish inventorship.

Key obligations

• Requires the submission of an inventor’s oath or declaration to establish inventorship and affirm the truthfulness of the information provided in a patent application.
• Ensures that all inventors listed on the oath or declaration are indeed the true and original joint inventors of the claimed invention.

Practice notes

• Draft the oath or declaration carefully to ensure it accurately reflects the contributions of all inventors, as any discrepancies can lead to delays in prosecution.
• Avoid common pitfalls such as including individuals who are not true inventors, which can invalidate the oath or declaration and jeopardize patent prosecution.