What are the requirements for a new oath or declaration in a continuation-in-part application?
A new oath or declaration is required for a continuation-in-part (CIP) application, and it must acknowledge the duty to disclose information material to patentability as defined in 37 CFR 1.56. MPEP 602.02 states: ‘A new oath or declaration is required in a continuation-in-part application, which includes subject matter not disclosed in the prior nonprovisional application.…
Read MoreWhat are the potential consequences of attaching an oath or declaration to a cover letter referencing the wrong application?
The MPEP 602.08(c) warns about a serious potential consequence of misidentifying an application: Further an oath or declaration attached to a cover letter referencing an incorrect application may not become associated with the correct application and, therefore, could result in the abandonment of the correct application. This means that if you submit an oath or…
Read MoreWho must sign a supplemental oath or declaration?
The signing requirements for a supplemental oath or declaration depend on the nature of the correction being made. According to MPEP 603: 37 CFR 1.67(b) provides that a supplemental inventor’s oath or declaration under 37 CFR 1.67 must be executed by the person whose inventor’s oath or declaration is being withdrawn, replaced, or otherwise corrected.…
Read MoreHow should inventor names with only a single name be presented in patent applications?
For inventors who have only a single name, there are specific guidelines for presenting their name in patent applications: The single name should be listed in the Last Name field. The First Name field should be left blank. A period should be placed in the First Name field if the USPTO computer system requires a…
Read MoreCan the inventor’s oath or declaration be submitted after filing the patent application?
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…
Read MoreWhen can an applicant submit a new inventor’s oath or declaration?
An applicant can submit a new inventor’s oath or declaration to correct any deficiencies or inaccuracies present in an earlier-filed inventor’s oath or declaration. This is explicitly stated in the MPEP: “Applicant may submit a new inventor’s oath or declaration to correct any deficiencies or inaccuracies present in an earlier-filed inventor’s oath or declaration.” This…
Read MoreWhat is a substitute statement in patent applications involving deceased or incapacitated inventors?
A substitute statement is a document that can be used in place of an oath or declaration in patent applications involving deceased or legally incapacitated inventors. According to MPEP 409.01(a): See 37 CFR 1.64 and MPEP § 604 concerning the execution of a substitute statement by a legal representative in lieu of an oath or…
Read MoreWhat is a substitute statement in lieu of an oath or declaration?
A substitute statement is a document that can be filed in place of an oath or declaration when the inventor is deceased, legally incapacitated, cannot be found or reached after diligent effort, or refuses to execute the oath or declaration. According to MPEP 602: ’35 U.S.C. 115(d) provides that ‘the applicant for patent’ may provide…
Read MoreWhat are the requirements for a substitute statement in lieu of an oath or declaration?
A substitute statement in lieu of an oath or declaration must: Comply with the requirements of 37 CFR 1.63, identifying the inventor or joint inventor with respect to whom a substitute statement is executed, and stating upon information and belief the facts which such inventor is required to state. Identify the person executing the substitute…
Read MoreWhat is a supplemental oath or declaration in patent applications?
A supplemental oath or declaration is a document that can be submitted to correct deficiencies or inaccuracies in an earlier-filed inventor’s oath or declaration. According to MPEP 603, it is provided for under 35 U.S.C. 115(h) and 37 CFR 1.67. The MPEP states: 37 CFR 1.67(a) provides that the applicant may submit an inventor’s oath…
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