What are the consequences of failing to submit a proper oath or declaration in a patent application?
Failing to submit a proper oath or declaration in a patent application can have serious consequences: The application may be considered incomplete and subject to abandonment. A Notice to File Missing Parts will be issued, requiring submission of the oath or declaration. A surcharge may be required for late submission. The application will not be…
Read MoreAre new oaths or declarations required for continuation or divisional applications?
For continuation or divisional applications filed before September 16, 2012, a new oath or declaration is generally not required if certain conditions are met. According to pre-AIA 37 CFR 1.63(d): A newly executed oath or declaration is not required under § 1.51(b)(2) and § 1.53(f) in a continuation or divisional application, provided that: The prior…
Read MoreWhat are the requirements for filing a continuation or divisional application before September 16, 2012?
For continuation or divisional applications filed before September 16, 2012 under 37 CFR 1.53(b) (excluding continuation-in-part applications), applicants could file using a copy of the oath or declaration from the prior nonprovisional application. This is supported by the MPEP, which states: “A continuation or divisional application filed before September 16, 2012 under 37 CFR 1.53(b)…
Read MoreWhat are the requirements for oaths or declarations in continuing applications filed on or after September 16, 2012?
For continuing applications filed on or after September 16, 2012, the following requirements apply: A copy of an oath or declaration or substitute statement from the prior nonprovisional application can be used, provided it complies with 37 CFR 1.63 or 37 CFR 1.64. The oath or declaration must comply with 35 U.S.C. 115 and the…
Read MoreWhat happens if an inventor dies or becomes legally incapacitated after an application is filed?
What happens if an inventor dies or becomes legally incapacitated after an application is filed? If an inventor dies or becomes legally incapacitated after an application is filed, the legal representative of the deceased or incapacitated inventor may make an oath or declaration in compliance with 37 CFR 1.64. The MPEP 409.01(a) states: “If an…
Read MoreWhat is the required oath or declaration for a divisional application?
What is the required oath or declaration for a divisional application? For a divisional application, a new oath or declaration is generally required. However, there are exceptions: If the application is filed on or after September 16, 2012, a copy of the oath or declaration from the prior nonprovisional application may be used, provided that…
Read MoreWhat documentation is required when filing a patent application as an assignee or obligated assignee?
When filing a patent application as an assignee or obligated assignee, specific documentation is required to establish the right to apply for the patent. According to MPEP 409.05: Quote: ‘The assignee or obligated assignee who files the application must comply with the oath or declaration requirements of 37 CFR 1.63, including meeting the citizenship requirement…
Read MoreWhat language should be used for oaths and declarations if the inventor understands English?
According to the MPEP 602.06, if an inventor understands English, it is preferable to use English for oaths and declarations. The manual states: “If the individual comprehends the English language, he or she should preferably use it.” This preference for English, when possible, likely helps streamline the patent application process and reduces the need for…
Read MoreWhat is the procedure for filing a continuation or divisional application without a new oath or declaration?
What is the procedure for filing a continuation or divisional application without a new oath or declaration? When filing a continuation or divisional application, a new oath or declaration is not always required. According to MPEP 602.05, the following procedure can be followed: File a copy of the oath or declaration from the prior application.…
Read MoreWhat are the requirements for filing a divisional or continuation application without an executed oath or declaration?
The MPEP 201.06(c) outlines the requirements for filing a divisional or continuation application without an executed oath or declaration: ’37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a continuation or divisional application filed by all or by fewer than all of the inventors named in a prior nonprovisional…
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