Can the filing of an inventor’s oath or declaration be postponed in a national stage application?
Yes, the filing of an inventor’s oath or declaration can be postponed in certain circumstances. For national stage applications with an international filing date on or after September 16, 2012:
The filing may be postponed until the application is otherwise in condition for allowance if:
- The applicant submits an application data sheet in accordance with 37 CFR 1.76
- The data sheet identifies each inventor by legal name, mailing address, and residence (if different from the mailing address)
However, as stated in the MPEP: “Postponement of the filing of the inventor’s oath or declaration pursuant to 37 CFR 1.495(c) will not postpone the requirement to pay the surcharge fee under 37 CFR 1.492(h) for filing the inventor’s oath or declaration after the date of commencement.“
It’s important to note that this postponement option is not available for applications with an international filing date before September 16, 2012.
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