What are the consequences of failing to comply with the inventor’s oath or declaration requirements?
Failing to comply with the inventor’s oath or declaration requirements can have serious consequences for a patent application or an issued patent. However, the America Invents Act (AIA) introduced some provisions to mitigate these consequences. According to 35 U.S.C. 115(h)(3): A patent shall not be invalid or unenforceable based upon the failure to comply with…
Read MoreWhat are the requirements for an Information Disclosure Statement to be considered by the USPTO?
For an Information Disclosure Statement (IDS) to be considered by the USPTO during the pendency of a patent application, it must meet three key requirements: Comply with the content requirements of 37 CFR 1.98 Be filed in accordance with the procedural requirements of 37 CFR 1.97 Be signed in compliance with 37 CFR 1.33(b) The…
Read More