What are the options for submitting an inventor’s oath or declaration in a continuing application?
For continuing applications that claim the benefit of an earlier-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c), inventors have several options for submitting the required oath or declaration. According to 37 CFR 1.63(d): A newly executed oath or declaration under § 1.63, or substitute statement under § 1.64, is not required under §§…
Read MoreWhat information must be included in an inventor’s oath or declaration?
An inventor’s oath or declaration must include specific information as outlined in 37 CFR 1.63. The required information includes: Identification of the inventor or joint inventor by their legal name Identification of the application to which it is directed A statement that the person executing the oath or declaration believes the named inventor or joint…
Read MoreWhat are the required statements in an inventor’s oath or declaration?
An inventor’s oath or declaration must contain the following required statements: The application was made or authorized to be made by the person executing the oath or declaration The individual believes themselves to be the original inventor or an original joint inventor of a claimed invention in the application These requirements are specified in 35…
Read MoreWhat is a substitute statement and when can it be used in place of an inventor’s oath or declaration?
A substitute statement is a document that can be used in place of an inventor’s oath or declaration under certain circumstances. According to 37 CFR 1.64, an applicant may execute a substitute statement if the inventor: Is deceased Is under a legal incapacity Has refused to execute the oath or declaration Cannot be found or…
Read MoreWhat is a substitute statement in patent applications?
A substitute statement is a document that can be executed in lieu of an oath or declaration in certain circumstances. According to 37 CFR 1.64(a), “An applicant under § 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under…
Read MoreWhat forms can be used for submitting an inventor’s oath or declaration?
The United States Patent and Trademark Office (USPTO) provides several forms that can be used for submitting an inventor’s oath or declaration in patent applications filed on or after September 16, 2012. These forms are: Forms PTO/AIA/01 through PTO/AIA/11 These forms are designed to ensure that all required information and statements are included in the…
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