How does the inventor’s oath or declaration relate to the duty of disclosure in international design applications?
The inventor’s oath or declaration in international design applications designating the United States is directly related to the duty of disclosure. According to MPEP 2920.05(f):
“The requirement under 37 CFR 1.63(c) and 1.64(c) that a person may not execute the inventor’s oath or declaration for an application unless that person is aware of the duty to disclose to the Office all information known to the person to be material to patentability as defined in 37 CFR 1.56 is applicable to the inventor’s oath or declaration filed in an international design application designating the United States.”
This requirement is enforced through 37 CFR 1.1021(d), which applies the oath or declaration requirements of 37 CFR 1.63 and 1.64 to international design applications. This ensures that inventors in international design applications are aware of and bound by the duty of disclosure, just as they would be in domestic applications.
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