What are the consequences of failing to comply with the inventor’s oath or declaration requirements?
Failing to comply with the inventor’s oath or declaration requirements can have serious consequences for a patent application or an issued patent. However, the America Invents Act (AIA) introduced some provisions to mitigate these consequences. According to 35 U.S.C. 115(h)(3): A patent shall not be invalid or unenforceable based upon the failure to comply with…
Read MoreWhat are the consequences of violating USPTO certification requirements?
Violating the certification requirements when submitting papers to the USPTO can have serious consequences. According to 37 CFR 11.18(c), violations may result in: Striking the offending paper Referring a practitioner’s conduct to the Office of Enrollment and Discipline Precluding a party or practitioner from submitting papers or contesting issues Affecting the weight given to the…
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