What are the requirements for an inventor’s oath or declaration in a national stage application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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 requirements for an inventor’s oath or declaration in a national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: The inventor’s oath or declaration must comply with 37 CFR 1.497 . For applications with an international filing date before September 16, 2012: The oath or declaration must comply with pre-AIA 37 CFR 1.497(a) and (b) . In both cases, if a compliant declaration was not previously submitted in the international phase under PCT Rule 4.17(iv) , it must be filed during the national stage. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Include International Filing Date for National Stage Applications MPEP 1893 Recommended National Stage Application Timing and Art Status MPEP 1893 Identification of U.S. National Stage Application MPEP 1893.03(a) International Application May Publish MPEP 1893.01(a)(1) Permitted Requirements for Filing International Applications MPEP 1893.01 Required Requirement for Oath/Declaration in National Stage MPEP 1893.01(a)(1) Required Oath or Declaration Requirement for Compliance MPEP 1893.01(e) Required Prior Art Known Before National Stage Begins MPEP 1893 National Stage Commences After PCT Time Limits MPEP 1893.01 Required Use U.S. Application Number for National Stage Communications MPEP 1893 Recommended Other Related FAQs 5 FAQs Collapse Why does MPEP 602.07 refer to MPEP § 1893.01(e)? What is MPEP 602.07 about? How does an international application designating the United States affect national patent rights? What is the time limit for filing a certified copy of a foreign application in a U.S. patent application? What is a desig...