How does the USPTO handle oaths or declarations with defects?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Original Oath or Declaration Required If Authenticity Questioned MPEP 602 Permitted Oath or Declaration Must Not Be Altered After Signing MPEP 602.03 Recommended Non-Examiner Staff Reviews Inventor’s Oath or Declaration Before Allowance MPEP 602.03 Permitted Requirement for Correct Oath or Declaration MPEP 602.03 Required Requirement for Inventor’s Oath or Declaration After Allowance MPEP 602.03 Original Oath or Declaration Required for Authenticity MPEP 602 Recommended New Oath Or Declaration Needed When Administered By Attorney In Invalid Jurisdiction MPEP 602 Recommended Requirement for Oath or Declaration at Allowance MPEP 602.03 Permitted Oath or Declaration Date Not Checked MPEP 602.03 Inventor’s Oath/Declaration Bef...