How 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…
Read MoreWhat is a substitute statement and when can it be used in a patent application?
A substitute statement is a document that can be used in lieu of an inventor’s oath or declaration under certain circumstances. According to MPEP § 409.05, a substitute statement can be used when the inventor: Is deceased Is under a legal incapacity Cannot be found or reached after diligent effort Has refused to execute the…
Read MoreCan the inventor’s oath or declaration be submitted after the initial filing of a nonprovisional application?
Yes, for applications filed on or after September 16, 2012 (except reissue applications), the inventor’s oath or declaration can be postponed until the application is in condition for allowance, provided certain conditions are met: An application data sheet (ADS) in compliance with 37 CFR 1.76 must be filed identifying each inventor by their legal name,…
Read MoreCan an inventor’s oath or declaration from a parent application be used in a divisional application?
Can an inventor’s oath or declaration from a parent application be used in a divisional application? Yes, an inventor’s oath or declaration from a parent application can often be used in a divisional application. According to MPEP 201.06(c): ‘In accordance with 37 CFR 1.63(d), a newly executed oath or declaration is not required in a…
Read MoreWhen is a newly executed inventor’s oath or declaration required in a continuing application?
For continuing applications (continuation, divisional, continuation-in-part) filed on or after September 16, 2012 under 37 CFR 1.53(b), a newly executed inventor’s oath or declaration is generally not required if: An oath or declaration complying with 35 U.S.C. 115 and 37 CFR 1.63 (or substitute statement under 37 CFR 1.64) was filed in the earlier-filed application…
Read MoreHow are partial assignees handled in patent issuance?
The USPTO has specific provisions for handling partial assignees in patent issuance: If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s). If multiple assignees hold the entire right, title,…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a nonprovisional application?
Yes, for applications filed on or after September 16, 2012 (except reissue applications), the filing of an inventor’s oath or declaration can be postponed. The MPEP states: For applications filed on or after September 16, 2012 (except reissue applications), applicant may postpone filing the inventor’s oath or declaration until the application is in condition for…
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 MoreWhat 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 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…
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