How should I handle changes in inventorship in a continuing application?
Handling changes in inventorship in a continuing application depends on the filing date of the application and the nature of the change. Here are the key points: For applications filed on or after September 16, 2012: Inventorship is determined by the Application Data Sheet (ADS) if filed before or with the oath/declaration copy. If no…
Read MoreHow does the oath or declaration work in divisional applications?
How does the oath or declaration work in divisional applications? In divisional applications, the oath or declaration process is simplified to reduce the burden on applicants. According to MPEP 201.06(c): 37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a divisional application filed under 37 CFR 1.53(b) that contains…
Read MoreHow does an ADS affect the oath or declaration in pre-September 16, 2012 applications?
In patent applications filed before September 16, 2012, an Application Data Sheet (ADS) can significantly affect the oath or declaration requirements. Specifically: An ADS can eliminate the need for certain information in the oath or declaration. It allows for the submission of some bibliographic data without an oath or declaration. The MPEP 601.05(b) states: “If…
Read MoreWhat information should be included in the affidavit when correcting an erroneous assignment?
When correcting an erroneous assignment, the affidavit or declaration submitted to the USPTO should contain specific information. According to MPEP 323.01(c), the affidavit should include: Identification of yourself as the correct owner A statement that the previously recorded document was submitted with erroneous information The reel and frame number of the previously recorded document A…
Read MoreWhat is the deadline for submitting an inventor’s oath or declaration in a patent application?
The deadline for submitting an inventor’s oath or declaration in a patent application filed on or after September 16, 2012, is the date on which the issue fee is paid. This is stated in MPEP 602.01(a): For applications filed on or after September 16, 2012, the timing of the submission of the inventor’s oath or…
Read MoreHow were changes in inventorship handled in continuation or divisional applications filed under 37 CFR 1.53(b)?
Changes in inventorship for continuation or divisional applications filed under 37 CFR 1.53(b) could be handled in two ways: Filing with a copy of an oath or declaration from a prior application and a statement requesting the deletion of non-inventors. Filing with a newly executed oath or declaration naming the correct inventive entity. The MPEP…
Read MoreWhat happens if an unavailable joint inventor refuses to sign an oath or declaration?
What happens if an unavailable joint inventor refuses to sign an oath or declaration? If an unavailable joint inventor refuses to sign an oath or declaration, the applicant may file a petition under 37 CFR 1.183 to waive the requirement for that inventor’s signature. According to MPEP 409.03(a): ‘If a nonsigning inventor refuses to sign…
Read MoreHow can joint inventors execute oaths or declarations for applications filed on or after September 16, 2012?
For patent applications filed on or after September 16, 2012, joint inventors have more flexibility in executing oaths or declarations. The MPEP states: “For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS…
Read MoreWhat are the key components of a valid inventor’s oath or declaration?
A valid inventor’s oath or declaration must include several key components as outlined in the MPEP: Inventor bibliographic information (see MPEP § 602.08(a)) The name of the inventor or each joint inventor Signatures of each inventor, except as otherwise provided Identification of the application to which it is directed The MPEP states: The inventor’s oath…
Read MoreCan the filing fee, oath or declaration, and claims be submitted after the initial filing of a nonprovisional application?
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…
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