How 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 More

Can 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 More

What 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 More

How does an ADS affect the oath or declaration in pre-September 16, 2012 applications?

In patent applications filed before September 16, 2012, an Application Data Sheet (ADS) can significantly affect the oath or declaration requirements. Specifically: An ADS can eliminate the need for certain information in the oath or declaration. It allows for the submission of some bibliographic data without an oath or declaration. The MPEP 601.05(b) states: “If…

Read More

How were changes in inventorship handled in continuation or divisional applications filed under 37 CFR 1.53(b)?

Changes in inventorship for continuation or divisional applications filed under 37 CFR 1.53(b) could be handled in two ways: Filing with a copy of an oath or declaration from a prior application and a statement requesting the deletion of non-inventors. Filing with a newly executed oath or declaration naming the correct inventive entity. The MPEP…

Read More

How can joint inventors execute oaths or declarations for applications filed on or after September 16, 2012?

For patent applications filed on or after September 16, 2012, joint inventors have more flexibility in executing oaths or declarations. The MPEP states: “For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS…

Read More