Patent Law FAQ

Yes, an assignment can serve as an inventor’s oath or declaration under certain conditions. According to 37 CFR 1.63(e):

An assignment may also serve as an oath or declaration required by this section if the assignment as executed: (i) Includes the information and statements required under paragraphs (a) and (b) of this section; and (ii) A copy of the assignment is recorded as provided for in part 3 of this chapter.

This provision implements 35 U.S.C. 115(e). To use an assignment as an oath or declaration:

• The assignment must include all required information and statements of a standard oath or declaration
• It must be executed by the inventor who is under the obligation of assignment
• A copy of the assignment must be recorded with the USPTO

Applicants should use a check-box on the assignment cover sheet to indicate the dual purpose of the document.

To learn more:

• assignment
• inventor’s oath
• inventor’s declaration
• patent application