What happens if the USPTO finds an inventor’s oath or declaration defective?

If the USPTO finds an inventor’s oath or declaration defective, the following actions may occur:

• For non-reissue applications filed before allowance, non-examiner staff will review the oath or declaration and may send an informational notice about deficiencies.
• For applications at or after allowance, non-examiner staff will review the oath or declaration and send a requirement to correct any deficiencies.
• If the oath or declaration is not submitted by the time of allowance, a notice requiring it may be sent with the Notice of Allowability.

As stated in the MPEP, The required inventor’s oath or declaration must be submitted no later than the date on which the issue fee is paid. See 35 U.S.C. 115(f).

To learn more:

• inventor’s oath
• declaration
• patent application
• USPTO
• defective oath