What is required for a newly added inventor in a patent application?
When adding a new inventor to a patent application, additional documentation is required. According to 37 CFR 1.48(b):
An oath or declaration as required by § 1.63, or a substitute statement in compliance with § 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration.
This means that any newly added inventor must submit either an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64. The specific requirements for these documents depend on the application’s filing date. For applications filed on or after September 16, 2012, refer to MPEP § 602.01(a) for oath or declaration requirements and MPEP § 604 for substitute statement requirements.
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