Can some deficiencies in an inventor’s oath or declaration be corrected with an Application Data Sheet (ADS)?

Yes, some deficiencies or inaccuracies in an inventor’s oath or declaration can be corrected using an Application Data Sheet (ADS). The MPEP states: “Some deficiencies or inaccuracies can be corrected with an application data sheet (ADS) in accordance with 37 CFR 1.76.” For more detailed information on using an ADS, the MPEP refers to MPEP…

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Can 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,…

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Can 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…

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When 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…

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How 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,…

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Can 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…

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