How can I correct a defective inventor’s oath or declaration after paying the issue fee?

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.

How can I correct a defective inventor’s oath or declaration after paying the issue fee?

Correcting a defective inventor’s oath or declaration after paying the issue fee requires specific procedures. According to the MPEP:

If an oath or declaration filed after the date the issue fee was paid is defective, applicant must file a petition under 37 CFR 1.313 to withdraw the application from issue and a renewed petition under 37 CFR 1.137 to revive the application.

The process involves:

1. Filing a petition to withdraw the application from issue under 37 CFR 1.313
2. Filing a renewed petition to revive the application under 37 CFR 1.137
3. Submitting a corrected oath or declaration
4. Paying any required fees

For detailed guidance, refer to MPEP 602.03.