Is there a deadline for filing supplemental oaths or declarations after allowance?
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This suggests that applicants have the right to file these documents at any time after allowance.…
Read MoreWhat if an inventor lacks firsthand knowledge of whether the invention involved work under contract with the Atomic Energy Commission or NASA?
If an applicant does not have firsthand knowledge of whether the invention involved work under any contract or arrangement with the Atomic Energy Commission or NASA, but includes such information derived from others: The applicant’s statement should identify the source of this information, or The applicant’s statement could be accompanied by a supplemental declaration or…
Read MoreHow are supplemental oaths or declarations processed after allowance?
When supplemental oaths or declarations are received after allowance, they are processed as follows: They are placed in the file by the Office of Data Management. Their receipt is not acknowledged to the party filing them. They are not filed or considered as amendments under 37 CFR 1.312. The MPEP clarifies: “When received they will…
Read MoreWhat is the purpose of filing a supplemental oath or declaration after allowance?
The purpose of filing a supplemental oath or declaration after allowance is to cover the claims in the application as they stand at the time of allowance. While the MPEP section 603.01 doesn’t explicitly state the purpose, it implies that these documents are filed to ensure that all claims are properly supported by an oath…
Read MoreCan a supplemental oath or declaration be filed after allowance of a patent application?
Yes, supplemental oaths and declarations covering the claims in a patent application can be filed after allowance. The Manual of Patent Examining Procedure (MPEP) states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This means that applicants have the right to submit additional…
Read MoreAre supplemental oaths or declarations considered amendments under 37 CFR 1.312?
No, supplemental oaths or declarations filed after allowance are not considered amendments under 37 CFR 1.312. The MPEP explicitly states: “They should not be filed or considered as amendments under 37 CFR 1.312, since they make no change in the wording of the papers on file.” This means that supplemental oaths or declarations do not…
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