New Oath or Substitute for Original
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
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602.02 New Oath or Substitute for Original [R-11.2013]
Applicant may submit a new inventor’s oath or declaration to correct any deficiencies or inaccuracies present in an earlier-filed inventor’s oath or declaration. See 37 CFR 1.67(a). Some deficiencies or inaccuracies can be corrected with an application data sheet (ADS) in accordance with 37 CFR 1.76. See MPEP § 601.05.
For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS is filed that provides the required inventor information. If such an ADS is not filed, then each oath or declaration must name all of the inventors. See 37 CFR 1.63(a) and (b). Each separate oath or declaration by an inventor should be complete in itself.
For applications filed before September 16, 2012, where neither the original oath or declaration, nor the substitute oath or declaration is complete in itself, but each oath or declaration names all of the inventors and the two taken together give all the required data, no further oath or declaration is needed.