What are the formal requirements for affidavits and declarations under 37 CFR 1.131(a)?
Affidavits and declarations under 37 CFR 1.131(a) must meet specific formal requirements: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer. A declaration, permitted under 37 CFR 1.68, can be used instead of an affidavit. Declarations must include an acknowledgment that willful false statements are punishable…
Read MoreWhat’s the difference between an affidavit and a declaration?
While both affidavits and declarations serve similar purposes in patent prosecution, there are key differences: Affidavit: A statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. Declaration: As per 37 CFR 1.68, a declaration can be used instead of an affidavit. It must include an acknowledgment that…
Read MoreWhat are the requirements for disqualifying a patent or patent application publication under 37 CFR 1.131(c)?
To disqualify a U.S. patent or U.S. patent application publication as prior art under 37 CFR 1.131(c), the applicant or patent owner must submit two items: A terminal disclaimer: This must be in accordance with 37 CFR 1.321(c). An oath or declaration: This must state that: The application or patent under reexamination and the patent…
Read MoreCan an attorney sign an oath or declaration on behalf of an inventor?
No, an attorney cannot sign an oath or declaration on behalf of an inventor, even if they have been given power of attorney to do so. This rule applies to applications filed before September 16, 2012. According to MPEP § 602.08(b), “The oath or declaration may not be signed by an attorney on behalf of…
Read MoreCan an attorney in a patent application administer the oath as a notary?
The MPEP provides guidance on this matter. According to MPEP 602, “The language of 35 U.S.C. 115 and 37 CFR 1.66 is such that an attorney in the application is not barred from administering the oath as notary.” However, it’s important to note that this practice may be subject to local laws. The MPEP further…
Read MoreWhat is the significance of venue in patent oaths and declarations?
Venue is a crucial aspect of patent oaths and declarations. MPEP 602 states, “That portion of an oath or affidavit indicating where the oath is taken is known as the venue. […] Venue and notary jurisdiction must correspond or the oath is improper.” This means that the location where the oath is taken must match…
Read MoreWhen is a new oath or declaration required in a patent application?
A new oath or declaration is required in a patent application under the following circumstances: When filing a continuation or divisional application When filing a continuation-in-part application To correct inventorship in an application When the original oath or declaration was defective According to MPEP 602.02: ‘A new oath or declaration is required in a continuation…
Read MoreWho can administer an oath for a patent application in the United States?
According to MPEP 602, “An oath or affirmation may be made before any person within the United States authorized by law to administer oaths.” This typically includes notaries public, judges, and certain government officials. It’s important to note that the authority of the person administering the oath may be subject to verification, and in some…
Read MoreHow can I change the correspondence address in a patent application filed before September 16, 2012?
The process for changing the correspondence address in a patent application filed before September 16, 2012, depends on whether an oath or declaration has been filed: Before filing an oath or declaration: The correspondence address can be changed by the party who filed the application, including the inventor(s), any patent practitioner named in the transmittal…
Read MoreWhat are the requirements for a complete patent application?
What are the requirements for a complete patent application? A complete patent application must include the following elements: Specification (including a description and claim(s)) Drawing(s) (when necessary) Oath or declaration Filing, search, and examination fees As stated in MPEP 601.01: ‘The application for patent as filed must include a specification as prescribed by 35 U.S.C.…
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