How can joint inventors execute oaths or declarations for applications filed on or after September 16, 2012?

For patent applications filed on or after September 16, 2012, joint inventors have more flexibility in executing oaths or declarations. The MPEP states: “For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS is filed that provides the required inventor information.” This means each inventor can submit their own oath or declaration, naming only themselves, as long as a complete Application Data Sheet (ADS) is filed with all inventor information. However, if such an ADS is not filed, then each oath or declaration must name all of the inventors, as per 37 CFR 1.63(a) and (b).

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Topics: Patent Law, Patent Procedure
Tags: ADS, application data sheet, declaration, joint inventors, oath