MPEP Q & A 80: Assignments Potentially Utilized as the Oath or Declaration



Is it possible for an assignment in applications filed on or after September 16, 2012 to be utilized as the oath or declaration?


Yes, for applications filed on or after September 16, 2012, an assignment may contain the statements required to be made in an oath or declaration (“assignment-statement”), and if the assignment is made of record in the assignment records of the Office, then the assignment may be utilized as the oath or declaration.

Chapter Details:

The answer to this question can be found in chapter 300 of the MPEP. This chapter covers ownership and assignment.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 301 of the MPEP.  The following is a brief summary of section 301.

301    Ownership/Assignability of Patents and Applications

This section defines common terms and issues dealing with the ownership/assignability of patents and applications including ownership, assignment, licensing, individual and joint inventorship, making the assignment of record, and accessibility.

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