Can the filing fee, oath or declaration, and claims be submitted after the initial filing of a nonprovisional application?

Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so:

• These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts.
• A surcharge may be required for late submission.
• Failure to submit these items within the specified period may result in the application being abandoned.

The MPEP states: The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.

It’s important to note that while these items can be submitted later, it’s generally best practice to include them with the initial filing to avoid potential issues or delays.

To learn more:

• filing fee
• oath
• declaration
• claims
• nonprovisional application
• late submission