When can an applicant submit a new inventor’s oath or declaration?
An applicant can submit a new inventor’s oath or declaration to correct any deficiencies or inaccuracies present in an earlier-filed inventor’s oath or declaration. This is explicitly stated in the MPEP: “Applicant may submit a new inventor’s oath or declaration to correct any deficiencies or inaccuracies present in an earlier-filed inventor’s oath or declaration.” This…
Read MoreWhat is a substitute statement for a deceased inventor and when is it required?
What is a substitute statement for a deceased inventor and when is it required? A substitute statement is a document that replaces the inventor’s oath or declaration when the inventor is deceased, legally incapacitated, or otherwise unavailable. For a deceased inventor, it is required when filing a patent application on or after September 16, 2012.…
Read MoreWhat happens if an applicant submits both a substitute statement and an inventor’s oath?
What happens if an applicant submits both a substitute statement and an inventor’s oath? If both a substitute statement and an inventor’s oath or declaration are submitted for an inventor, the inventor’s oath or declaration will take precedence. The MPEP 604 states: “If an inventor subsequently files an inventor’s oath or declaration meeting the requirements…
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 MoreDoes the USPTO check the date of execution for inventor’s oaths or declarations?
No, the USPTO does not routinely check the date of execution for inventor’s oaths or declarations. The MPEP states: The Office does not check the date of execution of the oath or declaration and will not require a newly executed oath or declaration based on an oath or declaration being stale (i.e., when the date…
Read MoreWhat happens if the USPTO finds an inventor’s oath or declaration defective?
If the USPTO finds an inventor’s oath or declaration defective, the following actions may occur: For non-reissue applications filed before allowance, non-examiner staff will review the oath or declaration and may send an informational notice about deficiencies. For applications at or after allowance, non-examiner staff will review the oath or declaration and send a requirement…
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…
Read MoreWhat happens if an inventor refuses to sign the inventor’s oath or declaration?
What happens if an inventor refuses to sign the inventor’s oath or declaration? If an inventor refuses to sign the inventor’s oath or declaration, the application may still be filed under certain circumstances. According to MPEP 602.01(a): “If an inventor refuses to execute an oath or declaration or cannot be found or reached after diligent…
Read MoreWhat happens if an inventor refuses to sign the oath or declaration for a patent application?
What happens if an inventor refuses to sign the oath or declaration for a patent application? If an inventor refuses to sign the oath or declaration for a patent application, the applicant may file a substitute statement in lieu of an oath or declaration. According to MPEP 602.01(a): “A substitute statement may be used in…
Read More