What happens if a specification is filed attached to an oath or declaration after the application filing date?
According to MPEP 602.08(c), when a specification is filed attached to an oath or declaration after the initial application filing date, the USPTO follows a specific procedure:
Any specification that is filed attached to an oath or declaration on a date later than the application filing date will not be compared with the specification submitted on filing.
Furthermore, the MPEP states: Absent any statement(s) to the contrary, the ‘attached’ specification will be presumed to be a copy of the specification and any amendments thereto, which were filed in the USPTO in order to obtain a filing date for the application.
This means that the USPTO will not verify if the later-submitted specification matches the original filing. Instead, they assume it’s a copy of the original specification plus any amendments, unless explicitly stated otherwise. This practice helps streamline the application process and avoid confusion between different versions of the specification.
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