The filing of the inventor’s oath or declaration may be postponed until the application is otherwise in condition for allowance if applicant submits an application data sheet in accordance with 37 CFR 1.76 identifying each inventor by his or her legal name, the mailing address where each inventor customarily receives mail, and the residence of each inventor, if the inventor lives at a location which is different from where the inventor customarily receives mail. See 37 CFR 1.495(c)(3). 495(c) will not postpone the requirement to pay the surcharge fee under 37 CFR 1.492(h) for filing the inventor’s oath or declaration after the date of commencement. Note that early national stage entry under 35 U.S.C. 371(f) requires the submission of the oath or declaration required by 35 U.S.C. 371(c)(4) and submission may not be postponed in this situation.
If the basic national fee and copy of the international application have been received by the expiration of 30 months from the priority date, but applicant has not submitted 1) the required inventor’s oath or declaration, or 2) an application data sheet in compliance with 37 CFR 1.495(c)(3), the Office will send applicant a Notification of Missing Requirements (Form PCT/DO/EO/905) setting a time period to submit the required inventor’s oath or declaration or application data sheet and surcharge fee under 37 CFR 1.492(h) unless previously paid. Failure to timely file the required reply will result in abandonment of the application.
The inventor’s oath or declaration must be executed by each inventor, except as provided under 37 CFR 1.64. The inventorship of an international application entering the national stage under 35 U.S.C. 371 having an international filing date on or after , is the inventor or joint inventors set forth in an application data sheet in accordance with 37 CFR 1.76 accompanying the initial submission under 35 U.S.C. 371. If the initial submission under 35 U.S.C. 371 is not accompanied by an application data sheet in accordance with 37 CFR 1.76, the inventorship is the inventor or joint inventors set forth in the international application, which includes any change effected under PCT Rule 92bis. See 37 CFR 1.41(e). Inventorship may be corrected dating.com under the procedure set forth in 37 CFR 1.48(a). The name of an inventor may be corrected or updated under the procedure set forth in 37 CFR 1.48(f).
If the inventor is deceased, is under legal incapacity, has refused to execute the oath or declaration under 37 CFR 1.63, or cannot be found or reached after diligent effort, the applicant under 37 CFR 1.43, 1.45 or 1.46 may execute a substitute statement under 1.64 in lieu of an oath or declaration under 37 CFR 1.63.
37 CFR 1.41 (pre-AIA) Applicant for Patent
- (a)
- *****
- (4) The inventorship of an international application entering the national stage under 35 U.S.C. 371 is that inventorship set forth in the international application, which includes any change effected under PCT Rule 92bis. See § 1.497(d) and (f) for filing an oath or ing an inventive entity different from the inventive entity named in the international application, or if a change to the inventive entity has been effected under PCT Rule 92bis subsequent to the execution of any declaration filed under PCT Rule 4.17(iv) (§ 1.48(f)(1) does not apply to an international application entering the national stage under 35 U.S.C. 371).
37 CFR 1.497 (pre-AIA) Oath or declaration under 35 U.S.C. 371(c)(4).
- (a) When an applicant of an international application desires to enter the national stage under 35 U.S.C. 371 pursuant to § 1.495 , and a declaration in compliance with this section has not been previously submitted in the international application under PCT Rule 4.17(iv) within the time limits provided for in PCT Rule 26 ter.1, he or she must file an oath or declaration that: