What are the consequences of failing to submit a proper oath or declaration in a patent application?

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.

Failing to submit a proper oath or declaration in a patent application can have serious consequences:

• The application may be considered incomplete and subject to abandonment.
• A Notice to File Missing Parts will be issued, requiring submission of the oath or declaration.
• A surcharge may be required for late submission.
• The application will not be examined until a proper oath or declaration is received.

According to MPEP 602.01(a): “If the application is in condition for allowance but does not include an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, the Office will issue a ‘Notice of Allowability’ (PTOL-37) requiring the oath or declaration.” Failure to comply with this notice can result in abandonment of the application.