What 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…
Read MoreCan an oath or declaration be filed after the application filing date?
Yes, an oath or declaration can be filed after the application filing date. However, there are important considerations: A surcharge may be required if the oath or declaration is not present on the filing date. The application must be in condition for allowance before the oath or declaration is filed to avoid abandonment. The oath…
Read MoreWhat should I do if a copy of an oath or declaration from a prior application is filed after the filing date of a continuation or divisional application?
If a copy of an oath or declaration from a prior application is filed after the filing date of a continuation or divisional application, you should take the following steps: Include a cover letter with the oath or declaration. In the cover letter, identify the application number of the continuation or divisional application. Indicate in…
Read MoreWhat is a nonprovisional application for patent according to MPEP 201?
According to MPEP 201, a nonprovisional application for patent is the standard type of patent application. The MPEP states: “A nonprovisional application for patent filed under 35 U.S.C. 111(a) must include a specification, including a claim or claims, drawings when necessary, an oath or declaration, and the prescribed filing fee, search fee, examination fee and…
Read MoreCan I file a divisional application without a new oath or declaration?
Can I file a divisional application without a new oath or declaration? Yes, you can file a divisional application without a new oath or declaration under certain conditions. According to MPEP 201.06(c): “Under 37 CFR 1.63(d), a newly executed oath or declaration is not required in a divisional application filed under 37 CFR 1.53(b) if:…
Read MoreHow can an applicant file a continuation or divisional application using a copy of an oath or declaration from a prior application?
For applications filed on or after September 16, 2012, an applicant can file a continuation or divisional application using a copy of an oath or declaration from a prior application if: The oath or declaration complies with 35 U.S.C. 115 as revised effective September 16, 2012 It was executed by or with respect to the…
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