What are the required statements in an inventor’s oath or declaration?

An inventor’s oath or declaration must contain the following required statements:

  • The application was made or authorized to be made by the person executing the oath or declaration
  • The individual believes themselves to be the original inventor or an original joint inventor of a claimed invention in the application

These requirements are specified in 35 U.S.C. 115(b), which states:

An oath or declaration under subsection (a) shall contain statements that—(1) the application was made or was authorized to be made by the affiant or declarant; and (2) such individual believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application.

Additionally, the oath or declaration must identify the inventor by their legal name and identify the application to which it is directed.

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Topics: Patent Law, Patent Procedure
Tags: inventor's oath