Patent Law FAQ

Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so:

• These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts.
• A surcharge may be required for late submission.
• Failure to submit these items within the specified period may result in the application being abandoned.

The MPEP states: The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.

It’s important to note that while these items can be submitted later, it’s generally best practice to include them with the initial filing to avoid potential issues or delays.

This page is an FAQ based on guidance 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.

Can the inventor’s oath or declaration be submitted after filing the patent application?

Yes, the inventor’s oath or declaration can be submitted after filing the patent application. The MPEP 602.01(a) states:

“The inventor’s oath or declaration may be submitted after the application filing date. If the oath or declaration is filed after the application filing date, it must be accompanied by the surcharge under 37 CFR 1.16(f).”

However, it’s important to note:

• The application must still name each inventor at the time of filing
• An application data sheet (ADS) under 37 CFR 1.76 must be submitted with the application filing
• The oath or declaration should be submitted no later than the date on which the issue fee is paid

Submitting the oath or declaration after filing may incur additional fees and potentially delay the examination process.

Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so:

• These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts.
• A surcharge may be required for late submission.
• Failure to submit these items within the specified period may result in the application being abandoned.

The MPEP states: The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.

It’s important to note that while these items can be submitted later, it’s generally best practice to include them with the initial filing to avoid potential issues or delays.

This page is an FAQ based on guidance 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.

Can the inventor’s oath or declaration be submitted after filing the patent application?

Yes, the inventor’s oath or declaration can be submitted after filing the patent application. The MPEP 602.01(a) states:

“The inventor’s oath or declaration may be submitted after the application filing date. If the oath or declaration is filed after the application filing date, it must be accompanied by the surcharge under 37 CFR 1.16(f).”

However, it’s important to note:

• The application must still name each inventor at the time of filing
• An application data sheet (ADS) under 37 CFR 1.76 must be submitted with the application filing
• The oath or declaration should be submitted no later than the date on which the issue fee is paid

Submitting the oath or declaration after filing may incur additional fees and potentially delay the examination process.