The USPTO can issue a Notice Requiring Inventor’s Oath or Declaration that requires action by the Applicant. Failure of the Applicant to respond will cause the Patent Application to become abandoned.
Basic Requirements for a US Patent Application
An Inventor’s oath or declaration is one of the requirements for filing a US Patent Application. Basic minimum requirements for filing a US Patent Application include:
- Specification
- Drawings
- At least one claim
- Application Data Sheet
- Inventor’s Oath or Declaration
- USPTO fees – NOTE: It is less expensive to pay the required USPTO fees on the day the Application is filed
An Example of Oath/Declaration Problems
The given name of the inventor was William. However, William generally used the name Will in his business. Will also used the name Will on his federal income taxes.
With the filing of the Patent Application, in the Inventor’s Declaration, the name William was used. However, in the Application Data Sheet, the name Will was utilized.
The Scenario that Unfolded
Will’s Patent Application was examined and approved by the Examiner. A Notice of Allowance was issued. Will was very happy he was going to be granted his first US Patent.
Several days after receiving the Notice of Allowance, Will received a USPTO Notice Requiring Inventor’s Oath or Declaration. Will contacted Business Patent Law about his dilemma.
The Solution to the USPTO Notice
- William can file an amended Application Data Sheet indicating his name is William or
- Will can file a substitute Inventor’s Declaration changing the name to William
Of course, the USPTO charges a small fee for making either one of these corrections.
The Takeaway
When comes to an inventor’s given name and surname, the USPTO demands precision.
Based on information provided to BPL by our IRS and Social Security affiliates, it appears it does not matter if William or Will is utilized for those agencies as long as the social security number is identical.
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