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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inventor's Oath or Declaration Must Be Signed by Inventor MPEP 602.01(a) Required Requirement for Oath or Declaration in Pre-AIA Applications MPEP 602.01(a) Original Oath or Declaration Required If Authenticity Questioned MPEP 602 Permitted Oath or Declaration Required for Patent Application MPEP 602.01(a) Required Oath or Declaration Must State Application Origin and Inventorship MPEP 602.01(a) Required Oath or Declaration Must Identify Inventors MPEP 602.01(a) Required Inventor's Oath or Declaration Must Be Signed MPEP 602.01(a) Required Oath or Declaration Must Identify Inventors and Application MPEP 602.01(a) Required Oath or Declaration Can Be Assignment MPEP 602.01(a) Oath or Declaration Not Necessarily Reviewed by Office MPEP 602.01(a) Prohibit...