What are the consequences of omitting an inventor’s oath or declaration in a nonprovisional application?
What are the consequences of omitting an inventor’s oath or declaration in a nonprovisional application?
Omitting an inventor’s oath or declaration in a nonprovisional application can have significant consequences. According to MPEP 601.01(a):
If the application is filed without an inventor’s oath or declaration by any inventor, the Office will send a Notice to File Missing Parts giving the applicant a time period (usually two months) within which to file the missing oath or declaration and to pay the surcharge required by 37 CFR 1.16(f) to avoid abandonment.
The key points to note are:
- The USPTO will send a Notice to File Missing Parts.
- A time period (usually two months) is given to file the missing oath or declaration.
- A surcharge under 37 CFR 1.16(f) must be paid.
- Failure to comply may result in abandonment of the application.
It’s important to note that while the application can be filed without the oath or declaration, it must be submitted before the application is allowed to avoid potential issues.
For more information, refer to MPEP 601.01(a) and MPEP 602 on inventor’s oath or declaration.
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