Can the filing fee, oath or declaration, and claims be submitted after the initial filing of a nonprovisional application?
Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so: These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts. A surcharge may be…
Read MoreCan a legal representative sign the oath or declaration for an unavailable joint inventor?
Can a legal representative sign the oath or declaration for an unavailable joint inventor? Yes, in certain circumstances, a legal representative can sign the oath or declaration for an unavailable joint inventor. According to MPEP 409.03(a): ‘If an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the oath or…
Read MoreWhat is MPEP 602.07 about?
MPEP 602.07 is titled ‘Oath or Declaration Filed in United States as a Designated Office’. This section provides guidance on the requirements for oaths or declarations filed in the United States Patent and Trademark Office (USPTO) when it acts as a designated office for international patent applications under the Patent Cooperation Treaty (PCT). The section…
Read MoreWhen is a new oath or declaration required for a continuation-in-part application?
When is a new oath or declaration required for a continuation-in-part application? For continuation-in-part (CIP) applications, a new oath or declaration is typically required due to the addition of new matter. According to MPEP 602.05: ‘A continuation-in-part application (which may disclose and claim subject matter not disclosed in the prior application) is considered a continuing…
Read MoreCan a non-signing inventor later join the patent application?
Yes, a non-signing inventor can later join the patent application. According to 37 CFR 1.64(f): “A nonsigning inventor or legal representative may subsequently join in the application by submitting an oath or declaration under § 1.63.“ However, it’s important to note that this subsequent submission does not give the non-signing inventor or legal representative the…
Read MoreWhat are the main components of a complete nonprovisional patent application?
A complete nonprovisional patent application filed under 35 U.S.C. 111(a) comprises the following components: A specification, including claims, as prescribed by 35 U.S.C. 112 Drawings as prescribed by 35 U.S.C. 113 An oath or declaration as prescribed by 35 U.S.C. 115 The prescribed filing fee, search fee, examination fee, and application size fee As stated…
Read MoreCan I use a copy of an oath or declaration in a continuation-in-part (CIP) application?
The use of a copy of an oath or declaration in a continuation-in-part (CIP) application depends on the filing date of the CIP application: For CIP applications filed on or after September 16, 2012: A copy of an oath or declaration from the prior application may be used. However, the oath or declaration must comply…
Read MoreWhat is the difference between an oath and a declaration in patent applications?
An oath is a sworn statement made before a person authorized to administer oaths, while a declaration is a written statement that can be used in lieu of an oath. According to MPEP 602, “A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies…
Read MoreCan an oath or declaration from a provisional application be used for a nonprovisional application?
Can an oath or declaration from a provisional application be used for a nonprovisional application? No, an oath or declaration from a provisional application cannot be used for a subsequent nonprovisional application. The MPEP 602.05 states: ‘The oath or declaration filed in a provisional application is not sufficient for the purposes of a nonprovisional application…
Read MoreCan a copy of the original oath or declaration be used in a continuation or divisional application?
No, a copy of the original oath or declaration cannot be used in a continuation or divisional application filed under 37 CFR 1.53(b). A new oath or declaration must be filed. According to MPEP 602.02: ‘A new oath or declaration in compliance with 37 CFR 1.63 or 1.67 is required in a continuation or divisional…
Read More