Can 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…
Read MoreHow does the inventorship in a continuing application relate to the prior application?
The inventorship in a continuing application can be the same as or different from the prior application, depending on the circumstances: For applications filed on or after September 16, 2012, the inventorship is determined by the application data sheet or the copy of the oath/declaration from the earlier-filed application. If the continuing application names a…
Read MoreWhat is the proper format for the Atomic Energy Act and NASA Act statements?
The statement regarding work with the Atomic Energy Commission or NASA should be in the form of an oath or declaration. The following is an acceptable format, assuming no government funds or considerations were involved in the invention’s conception or making: I (We) [Name(s)] citizens of [Country] residing at [Address] declare: That I (we) made…
Read MoreCan a patent application be filed without an oath or declaration?
Yes, a patent application can be filed without an oath or declaration initially. According to MPEP 602: ‘An oath or declaration is not required for a provisional application filed under 35 U.S.C. 111(b) and 37 CFR 1.53(c). Oaths or declarations are required for design applications, plant applications, reissue applications, and nonprovisional utility patent applications filed…
Read MoreWhat information must be included in the oath or declaration regarding foreign applications?
For patent applications filed before September 16, 2012, the oath or declaration must include specific information about foreign applications if not provided in an application data sheet. According to pre-AIA 37 CFR 1.63(c)(2), the oath or declaration must identify: Any foreign application for patent (or inventor’s certificate) for which a claim for priority is made…
Read MoreHow should I handle changes in inventorship in a continuing application?
Handling changes in inventorship in a continuing application depends on the filing date of the application and the nature of the change. Here are the key points: For applications filed on or after September 16, 2012: Inventorship is determined by the Application Data Sheet (ADS) if filed before or with the oath/declaration copy. If no…
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