How can I correct a defective inventor’s oath or declaration after paying the issue fee?
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:
- Filing a petition to withdraw the application from issue under 37 CFR 1.313
- Filing a renewed petition to revive the application under 37 CFR 1.137
- Submitting a corrected oath or declaration
- Paying any required fees
For detailed guidance, refer to MPEP 602.03.
To learn more:
Topics:
Patent Law,
Patent Procedure