What information must be included in an inventor’s oath or declaration?

An inventor’s oath or declaration must include specific information as outlined in 37 CFR 1.63. The required information includes:

  • Identification of the inventor or joint inventor by their legal name
  • Identification of the application to which it is directed
  • A statement that the person executing the oath or declaration believes the named inventor or joint inventors to be the original inventor or an original joint inventor of a claimed invention in the application
  • A statement that the application was made or authorized to be made by the person executing the oath or declaration

Unless provided in an Application Data Sheet (ADS), the oath or declaration must also include:

  • The mailing address where the inventor customarily receives mail
  • The residence of the inventor, if different from the mailing address

It’s important to note that while the ‘reviewed and understands’ clause and ‘duty to disclose’ clause are no longer required in the oath or declaration itself, 37 CFR 1.63(c) still requires that the person executing the oath or declaration has reviewed and understood the application contents and is aware of the duty to disclose under 37 CFR 1.56.

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Topics: Patent Law, Patent Procedure
Tags: Inventor's Declaration, inventor's oath, Required Information