MPEP Q & A 35: Example of What an Oath or Declaration Must Do




List one example of what an oath or declaration must do.


An oath or declaration must:

  • identify the inventor or joint inventor executing the oath or declaration by his or her legal name;
  • identify the application to which it is directed;
  • include a statement 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 for which the oath or declaration is being submitted; and
  • state that the application was made or authorized to be made by the person executing the oath or declaration.

Chapter Details:

The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 602.01 of the MPEP.  The following is a brief summary of section 602.01.

602.01 Inventorship

The inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent (other than a provisional application) must execute an oath or declaration directed to the application, except as provided for in 37 CFR 1.64. This section covers details about naming inventorship in applications filed on or after September 16, 2012.

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