How does the USPTO handle oaths or declarations with defects?

The USPTO handles oaths or declarations with defects as follows:

• If the oath or declaration does not contain the required averments or information, the USPTO will object to it and require a new oath or declaration.
• Defects in the wording of an oath or declaration may be corrected by a supplemental paper properly signed and identifying the application.
• Non-initialed and/or non-dated alterations are treated as not made.

According to MPEP 602.03: ‘If the oath or declaration does not contain the information required by 37 CFR 1.63 or a signature, the Office will object to the oath or declaration and require a new oath or declaration. If the defect cannot be cured by a new oath or declaration, the Office will require reexecution of the declaration by the inventor.’

It’s important to note that while some defects can be corrected, others may require a completely new oath or declaration to be submitted.

To learn more:

• defective oath
• defective declaration
• USPTO objection
• supplemental paper