Can a patent application be filed without an oath or declaration?

Yes, a patent application can be filed without an oath or declaration initially. According to MPEP 602:

‘An oath or declaration is not required for a provisional application filed under 35 U.S.C. 111(b) and 37 CFR 1.53(c). Oaths or declarations are required for design applications, plant applications, reissue applications, and nonprovisional utility patent applications filed on or after September 16, 2012, but the filing of the oath or declaration may be postponed until after the application is otherwise in condition for allowance.’

However, it’s important to note that while the filing can be postponed, the oath or declaration must be submitted before the application can be allowed. The USPTO will issue a Notice to File Missing Parts if the oath or declaration is missing, giving the applicant a time period to submit it.

To learn more:

• oath
• declaration
• patent application
• filing requirements
• provisional application