Who can sign a reissue declaration for applications that seek to enlarge the scope of claims?
For reissue applications that seek to enlarge the scope of claims (broadening reissue), the following parties can sign the reissue declaration: The inventor or joint inventors The patentee or current patent owner (if there has been an assignment) can sign a substitute statement in certain circumstances It’s important to note that the assignee cannot sign…
Read MoreWhat are the requirements for a reissue oath or declaration in applications filed on or after September 16, 2012?
For reissue applications filed on or after September 16, 2012, the inventor’s oath or declaration must comply with the following requirements: Comply with 37 CFR 1.63, 1.64, or 1.67 Identify at least one error being relied upon as the basis for reissue State that the applicant believes the original patent to be wholly or partly…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a national stage application?
Yes, the filing of an inventor’s oath or declaration can be postponed in certain circumstances. For national stage applications with an international filing date on or after September 16, 2012: The filing may be postponed until the application is otherwise in condition for allowance if: The applicant submits an application data sheet in accordance with…
Read MoreWhat are the requirements for an inventor’s oath or declaration in a plant patent application?
For plant patent applications, the inventor’s oath or declaration must include specific statements in addition to the standard requirements. According to MPEP 1604: The inventor must state that they have “asexually reproduced the new and distinct variety of plant for which a patent is sought.” If the plant is newly found, the declaration must also…
Read MoreWhat happens if the required inventor’s oath or declaration is not filed in a national stage application?
If the required inventor’s oath or declaration is not filed in a national stage application, the following process typically occurs: If the basic national fee and copy of the international application have been received by the expiration of 30 months from the priority date, but the required oath or declaration is missing, the USPTO will…
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 the inventor’s oath or declaration in a U.S. national stage application?
The requirements for the inventor’s oath or declaration in a U.S. national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: As per 37 CFR 1.497: The oath or declaration must comply with the requirements of 37 CFR 1.63 It can be postponed…
Read MoreWhat are the requirements for an inventor’s oath or declaration in a national stage application?
The requirements for an inventor’s oath or declaration in a national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: The inventor’s oath or declaration must comply with 37 CFR 1.497. For applications with an international filing date before September 16, 2012: The…
Read MoreCan the submission of an inventor’s oath or declaration be delayed in a reissue application?
No, the submission of an inventor’s oath or declaration cannot be delayed in a reissue application. According to MPEP 1414.01: “Unlike in non-reissue, non-provisional patent applications, submission of the inventor’s oath or declaration in a reissue application cannot be delayed until payment of the issue fee. The application must contain the inventor’s oath or declaration…
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