What additional statement is required for newly found plants in a plant patent application?
When applying for a plant patent for a newly found plant, the inventor’s oath or declaration must include an additional statement. According to MPEP 1604: Where the plant is a newly found plant, the inventor’s oath or declaration must also state that it was found in a cultivated area. This requirement applies to both pre-AIA…
Read MoreWhat are the requirements for joint inventors applying for a U.S. National Stage Application?
Joint inventors must follow specific requirements when applying for a U.S. National Stage Application. According to 37 CFR 1.45: Joint inventors must apply for a patent jointly. Each inventor must make an inventor’s oath or declaration as required by 37 CFR 1.63, except as provided for in 37 CFR 1.64. If a joint inventor refuses…
Read MoreCan an inventor’s oath or declaration indicate a U.S. National Stage Application?
Yes, an inventor’s oath or declaration can indicate a U.S. National Stage Application under certain conditions: The MPEP states: “The inclusion with the initial application submission of an inventor’s oath or declaration identifying the international application by international application number as the application to which the oath or declaration is directed is considered an indication…
Read MoreWhat are the requirements for continuation or divisional reissue applications?
For continuation or divisional reissue applications, you may use a copy of the inventor’s oath or declaration from the earlier-filed reissue application if certain conditions are met. According to MPEP 1410.01: “For continuation or divisional reissue applications, a copy of the inventor’s oath or declaration from the earlier-filed reissue application may be used, provided that:…
Read MoreHow can inventors be added or deleted in a reissue application?
Adding or deleting inventors in a reissue application requires specific procedures. According to MPEP 1410.01: “If an inventor is to be added in a reissue application, a proper reissue oath or declaration including the signatures of all of the inventors is required, except where the assignee of the entire interest can properly sign the reissue…
Read MoreCan an assignment serve as an inventor’s oath or declaration?
Yes, an assignment can serve as an inventor’s oath or declaration under certain conditions. According to 37 CFR 1.63(e): An assignment may also serve as an oath or declaration required by this section if the assignment as executed: (i) Includes the information and statements required under paragraphs (a) and (b) of this section; and (ii)…
Read MoreWhat 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 consequences of omitting an inventor’s oath or declaration in a nonprovisional application?
What are the consequences of omitting an inventor’s oath or declaration in a nonprovisional application? Omitting an inventor’s oath or declaration in a nonprovisional application can have significant consequences. According to MPEP 601.01(a): If the application is filed without an inventor’s oath or declaration by any inventor, the Office will send a Notice to File…
Read MoreCan an inventor’s oath or declaration be corrected or withdrawn after submission?
Yes, an inventor’s oath or declaration can be corrected, withdrawn, or replaced after submission. This is provided for in 35 U.S.C. 115(h)(1), which states: Any person making a statement required under this section may withdraw, replace, or otherwise correct the statement at any time. Additionally, 37 CFR 1.63(h) provides: An oath or declaration filed at…
Read MoreHow should an inventor’s oath or declaration be executed?
The execution of an inventor’s oath or declaration is governed by 37 CFR 1.63(g) and 35 U.S.C. 115(i). The oath or declaration must be executed (signed) in one of two ways: In accordance with 37 CFR 1.66, which provides rules for oaths taken within or outside the United States With an acknowledgment that any willful…
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