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Almost All Applications Filed On or After September 16, 2012 Will Require a New Inventor’s Declaration

  • 08.15.12
  • Sterne, Kessler, Goldstein & Fox P.L.L.C.

On Tuesday, August 14, 2012, the United States Patent and Trademark Office (USPTO) published a final rule entitled "Changes to Implement the Inventor's Oath or Declaration Provisions of the Leahy-Smith America Invents Act." Among other things, this rulemaking implements 35 USC 115, which changed the requirements for the inventor's oath or declaration. Amended 35 USC 115(b) provides that the oath or declaration must contain two statements: (1) that the application was made or was authorized to be made by the affiant or declarant, and (2) that the individual believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application.  All oaths or declarations submitted in an application filed on or after September 16, 2012 must meet the requirements of 35 USC 115 as amended by the AIA.

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