Can the inventor’s oath or declaration be submitted after the initial filing of a nonprovisional application?
Yes, for applications filed on or after September 16, 2012 (except reissue applications), the inventor’s oath or declaration can be postponed until the application is in condition for allowance, provided certain conditions are met: An application data sheet (ADS) in compliance with 37 CFR 1.76 must be filed identifying each inventor by their legal name,…
Read MoreWhat happens if a patent application is missing essential parts?
If a patent application is missing essential parts, such as the specification, drawings, or claims, the USPTO will notify the applicant of the missing elements. According to MPEP 506: ‘Applicant will be notified of the incomplete application and the time period set for submitting the omitted parts.’ The applicant will then have an opportunity to…
Read MoreWhat is the filing date of a nonprovisional application under 37 CFR 1.53(b)?
The filing date of a nonprovisional application under 37 CFR 1.53(b) depends on the type of application and when it was filed: For utility and plant applications filed on or after December 18, 2013: The filing date is the date on which the specification, with or without claims, is received in the USPTO. For design…
Read MoreHow does the oath or declaration requirement differ for continuation applications filed before and after September 16, 2012?
The oath or declaration requirements for continuation applications differ significantly depending on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventor’s oath or declaration must comply with the requirements of 35 U.S.C. 115 as revised effective September 16, 2012. It must state that…
Read MoreHow does the inventorship requirement differ for continuation applications filed before and after September 16, 2012?
The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration…
Read MoreWhat information is required in an inventor’s oath or declaration?
An inventor’s oath or declaration must include: Inventor bibliographic information (see MPEP § 602.08(a)) Name of the inventor or each joint inventor Signature of each inventor (with some exceptions, see MPEP § 602.08(b)) Identification of the application to which it is directed (see MPEP § 602.08(c)) As stated in the MPEP, “The inventor’s oath or…
Read MoreWhat are the requirements for a provisional patent application cover sheet?
A provisional patent application requires a cover sheet with specific identifying information. According to the MPEP: “A cover sheet providing identifying information is required for a complete provisional application. In accordance with 37 CFR 1.51(c)(1) the cover sheet must state that it is for a provisional application, it must identify and give the residence of…
Read MoreIs an inventor’s citizenship required in patent applications?
The requirement for an inventor’s citizenship in patent applications has changed: For applications filed on or after September 16, 2012: Citizenship is no longer required by 35 U.S.C. 115 or 37 CFR 1.63. For nonprovisional applications filed before September 16, 2012: Citizenship was required under pre-AIA 35 U.S.C. 115. As stated in the MPEP: “For…
Read MoreWhat information is required for inventor’s citizenship in a patent application?
What information is required for inventor’s citizenship in a patent application? For patent applications, the inventor’s citizenship must be provided. According to MPEP 602.08(b), ‘The inventor’s citizenship must be specifically identified in the oath or declaration.’ This requirement applies to both utility and design patent applications. The MPEP further states: ‘It is not sufficient for…
Read MoreWhat residence information is required for inventors in patent applications?
Inventors are required to provide their place of residence in patent applications. According to MPEP 602.08(a): “Each inventor’s place of residence, that is, the city and either state or foreign country, is required to be included in the oath or declaration in a nonprovisional application for compliance with 37 CFR 1.63 unless it is included…
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