Can an assignment contain statements required in an oath or declaration?

Yes, for certain patent applications, an assignment can contain statements required in an oath or declaration. The MPEP 301 states:

‘For applications filed under 35 U.S.C. 111(a), 363, or 385 on or after September 16, 2012, an assignment may contain the statements required to be made in an oath or declaration (‘assignment-statement’), and if the assignment is made of record in the assignment records of the Office, then the assignment may be utilized as the oath or declaration.’

This provision allows for greater flexibility in meeting the oath or declaration requirements, particularly for assigned inventions. However, it’s important to ensure that the assignment contains all the necessary statements and is properly recorded with the USPTO.

For more information on oath or declaration, visit: oath or declaration.

For more information on patent assignment, visit: patent assignment.

Topics: MPEP 300 - Ownership and Assignment, MPEP 301-Ownership/Assignability of Patents and Applications, Patent Law, Patent Procedure
Tags: oath or declaration, patent assignment