What are the minimum requirements for identifying a patent application in an oath or declaration filed on the application filing date?

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.

According to MPEP 602.08(c), there are three acceptable combinations of information for identifying a patent application in an oath or declaration filed on the application filing date:

• Name of inventor(s) and reference to an attached specification or application
• Name of inventor(s) and attorney docket number on the specification as filed
• Name of inventor(s) and title of the invention on the specification as filed

The MPEP states: Filing dates are granted on applications filed without an inventor’s oath or declaration in compliance with 37 CFR 1.63. This means that an application can receive a filing date even if the oath or declaration is not initially included.