When 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…

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How 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…

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What 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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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…

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What 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)…

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Are 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…

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What 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…

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What 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…

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