What 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 MoreWhat is a supplemental oath or declaration in patent applications?
A supplemental oath or declaration is a document that can be submitted to correct deficiencies or inaccuracies in an earlier-filed inventor’s oath or declaration. According to MPEP 603, it is provided for under 35 U.S.C. 115(h) and 37 CFR 1.67. The MPEP states: 37 CFR 1.67(a) provides that the applicant may submit an inventor’s oath…
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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