Can an oath or declaration be filed after the application filing date?

Yes, an oath or declaration can be filed after the application filing date. However, there are important considerations:

• A surcharge may be required if the oath or declaration is not present on the filing date.
• The application must be in condition for allowance before the oath or declaration is filed to avoid abandonment.
• The oath or declaration must still comply with 37 CFR 1.63, even if filed after the application date.

As stated in MPEP 602.01(a): “If an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each inventor has not been submitted at the time of filing, the Office will send a Notice to File Missing Parts of Nonprovisional Application indicating that the application lacks the oath or declaration and give a period of time within which to file the oath or declaration.”

To learn more:

• oath
• declaration
• filing date
• patent application
• surcharge