37 CFR § 1.67 — Supplemental oath or (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.67 Supplemental oath or
This page consolidates MPEP guidance interpreting 37 CFR § 1.67, including 85 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 supplemental oath is a crucial document in nonprovisional patent applications that requires inventors to formally identify and validate the specification and accompanying amendments.
What this section covers
- Explains the purpose of the supplemental oath for nonprovisional patent applications under USPTO regulations.
- Details the specific documentation requirements for verifying inventors in patent applications.
Key obligations
- Requires that the oath or declaration must be directly executed by the inventors themselves.
- Mandates specific identification of the patent specification and related amendments.
- Ensures compliance with USPTO requirements for proper patent application documentation.
Conditions and exceptions
- Clarifies circumstances under which a supplemental oath might be required or modified.
Practice notes
- Recommends careful review of specification details before executing the oath.
- Advises inventors to ensure complete and accurate identification of all relevant application documents.
Official MPEP § 1.67 — Supplemental oath or
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.67 Supplemental 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 *]
- (a) The applicant may submit an inventor’s oath or declaration meeting the requirements of § 1.63 , § 1.64 , or § 1.162 to correct any deficiencies or inaccuracies present in an earlier-filed inventor’s oath or declaration. Deficiencies or inaccuracies due to the failure to meet the requirements of § 1.63(b) in an oath or declaration may be corrected with an application data sheet in accordance with § 1.76 , except that any correction of inventorship must be pursuant to § 1.48 .
- (b) A supplemental inventor’s oath or declaration under this section must be executed by the person whose inventor’s oath or declaration is being withdrawn, replaced, or otherwise corrected.
- (c) The Office will not require a person who has executed an oath or declaration in compliance with 35 U.S.C. 115 and § 1.63 or 1.162 for an application to provide an additional inventor’s oath or declaration for the application.
- (d) No new matter may be introduced into a nonprovisional application after its filing date even if an inventor’s oath or declaration is filed to correct deficiencies or inaccuracies present in the earlier-filed inventor’s oath or declaration.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; para. (c) added, 57 FR 2021, Jan. 17, 1992, effective Mar. 16, 1992; para. (b) revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; para. (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a) revised and para. (c) removed and reserved, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; 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 § 1.67 (pre‑AIA) for the rule otherwise in effect.]
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