What information must be included in the oath or declaration regarding foreign applications?

For patent applications filed before September 16, 2012, the oath or declaration must include specific information about foreign applications if not provided in an application data sheet. According to pre-AIA 37 CFR 1.63(c)(2), the oath or declaration must identify:

  • Any foreign application for patent (or inventor’s certificate) for which a claim for priority is made
  • Any foreign application having a filing date before that of the application on which priority is claimed

The MPEP elaborates: The applicant is required to recite all foreign applications filed prior to the application on which priority is claimed. It is required to give the foreign application number and name of the country or office in which filed, as well as the filing date of each foreign application to which priority is claimed.

This information is crucial for establishing priority claims and ensuring compliance with patent law requirements regarding prior foreign filings.

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Topics: Patent Law, Patent Procedure
Tags: declaration, foreign applications, oath, pre-AIA