Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 151 - Content of the Statements (1)
If an applicant does not have firsthand knowledge of whether the invention involved work under any contract or arrangement with the Atomic Energy Commission or NASA, but includes such information derived from others:
- The applicant’s statement should identify the source of this information, or
- The applicant’s statement could be accompanied by a supplemental declaration or oath regarding the contractual matters, made by the assignee or another person (like an employee) who has the requisite knowledge
Patent Law (6)
The purpose of filing a supplemental oath or declaration after allowance is to cover the claims in the application as they stand at the time of allowance. While the MPEP section 603.01 doesn’t explicitly state the purpose, it implies that these documents are filed to ensure that all claims are properly supported by an oath or declaration. The section states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This allows applicants to provide additional sworn statements or declarations that may be necessary to fully support the allowed claims, without changing the content of the application itself.
To learn more:
If an applicant does not have firsthand knowledge of whether the invention involved work under any contract or arrangement with the Atomic Energy Commission or NASA, but includes such information derived from others:
- The applicant’s statement should identify the source of this information, or
- The applicant’s statement could be accompanied by a supplemental declaration or oath regarding the contractual matters, made by the assignee or another person (like an employee) who has the requisite knowledge
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This suggests that applicants have the right to file these documents at any time after allowance. However, it’s important to note that practical considerations, such as the patent issue date, may impose de facto deadlines. Applicants should consult with a patent attorney or agent for specific timing advice in their case.
To learn more:
When supplemental oaths or declarations are received after allowance, they are processed as follows:
- They are placed in the file by the Office of Data Management.
- Their receipt is not acknowledged to the party filing them.
- They are not filed or considered as amendments under 37 CFR 1.312.
The MPEP clarifies:
“When received they will be placed in the file by the Office of Data Management, but their receipt will not be acknowledged to the party filing them. They should not be filed or considered as amendments under 37 CFR 1.312, since they make no change in the wording of the papers on file.”
To learn more:
Yes, supplemental oaths and declarations covering the claims in a patent application can be filed after allowance. The Manual of Patent Examining Procedure (MPEP) states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This means that applicants have the right to submit additional oaths or declarations even after their patent application has been allowed.
To learn more:
No, supplemental oaths or declarations filed after allowance are not considered amendments under 37 CFR 1.312. The MPEP explicitly states:
“They should not be filed or considered as amendments under 37 CFR 1.312, since they make no change in the wording of the papers on file.”
This means that supplemental oaths or declarations do not alter the content of the application and are treated differently from post-allowance amendments.
To learn more:
- supplemental oath
- supplemental declaration
- patent allowance
- post-allowance procedures
- 37 CFR 1.312
- amendments
To learn more:
Patent Procedure (5)
The purpose of filing a supplemental oath or declaration after allowance is to cover the claims in the application as they stand at the time of allowance. While the MPEP section 603.01 doesn’t explicitly state the purpose, it implies that these documents are filed to ensure that all claims are properly supported by an oath or declaration. The section states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This allows applicants to provide additional sworn statements or declarations that may be necessary to fully support the allowed claims, without changing the content of the application itself.
To learn more:
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This suggests that applicants have the right to file these documents at any time after allowance. However, it’s important to note that practical considerations, such as the patent issue date, may impose de facto deadlines. Applicants should consult with a patent attorney or agent for specific timing advice in their case.
To learn more:
When supplemental oaths or declarations are received after allowance, they are processed as follows:
- They are placed in the file by the Office of Data Management.
- Their receipt is not acknowledged to the party filing them.
- They are not filed or considered as amendments under 37 CFR 1.312.
The MPEP clarifies:
“When received they will be placed in the file by the Office of Data Management, but their receipt will not be acknowledged to the party filing them. They should not be filed or considered as amendments under 37 CFR 1.312, since they make no change in the wording of the papers on file.”
To learn more:
Yes, supplemental oaths and declarations covering the claims in a patent application can be filed after allowance. The Manual of Patent Examining Procedure (MPEP) states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This means that applicants have the right to submit additional oaths or declarations even after their patent application has been allowed.
To learn more:
No, supplemental oaths or declarations filed after allowance are not considered amendments under 37 CFR 1.312. The MPEP explicitly states:
“They should not be filed or considered as amendments under 37 CFR 1.312, since they make no change in the wording of the papers on file.”
This means that supplemental oaths or declarations do not alter the content of the application and are treated differently from post-allowance amendments.
To learn more:
- supplemental oath
- supplemental declaration
- patent allowance
- post-allowance procedures
- 37 CFR 1.312
- amendments
To learn more: