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…

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Can 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…

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What 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…

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When 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…

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Can 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…

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What 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…

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Can 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…

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