What 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 MoreWhat additional documents may be required for national stage entry in the U.S.?
In addition to the basic requirements, applicants may need to submit the following documents for national stage entry in the United States: An English translation of the international application (if not in English) The search fee (37 CFR 1.492(b)) The examination fee (37 CFR 1.492(c)) An oath or declaration of the inventor (35 U.S.C. 371(c)(4))…
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 MoreHow does an inventor’s oath or declaration affect prior art rejections under 35 U.S.C. 102(e)?
An inventor’s oath or declaration can have a significant impact on prior art rejections under 35 U.S.C. 102(e). The MPEP states: ‘If the rejection is based on a U.S. patent or U.S. patent application publication of a different inventive entity which claims the same invention or an obvious variant, and there is at least one…
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 MoreCan an inventor’s oath or declaration be amended after signing?
Generally, an inventor’s oath or declaration should not be amended after signing. The MPEP clearly states: The wording of an oath or declaration should not be amended, altered or changed in any manner after it has been signed. If there are issues with the oath or declaration, the proper course of action is typically to…
Read MoreShould each separate oath or declaration by an inventor be complete in itself?
Yes, each separate oath or declaration by an inventor should be complete in itself. The MPEP clearly states: “Each separate oath or declaration by an inventor should be complete in itself.” This guideline ensures that each inventor’s oath or declaration can stand alone and provide all necessary information without relying on other documents. This is…
Read MoreWhat are the consequences of not submitting an inventor’s oath or declaration before the issue fee is paid?
Failing to submit an inventor’s oath or declaration before the issue fee is paid can have serious consequences for a patent application. According to MPEP 602.01(a): If an application does not include an oath or declaration by the inventor or a substitute statement, the Office will issue a notice requiring the applicant to file the…
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…
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