which disclosures of the subject matter by the 
inventor or a joint inventor, or by others who 
obtained the subject matter disclosed directly or 
indirectly from the inventor or a joint inventor, 
do not qualify as prior art to the claimed inven-
tion. 
(C) EFFECTIVE FILING DATE.—The term 
‘‘effective filing date of a claimed invention’’ 
means, with respect to a patenting authority in 
another country, a date equivalent to the effec-
tive filing date of a claimed invention as defined 
in section 100(h) of title 35, United States 
Code, as added by subsection (a) of this section. 
(3) RETENTION
OF
INTERFERENCE
PROCE-
DURES WITH RESPECT TO APPLICATIONS FILED BE-
FORE EFFECTIVE DATE.—In the case of any applica-
tion for patent that is filed before the effective date 
under paragraph (1)(A), the provisions of law re-
pealed or amended by subsections (h), (i), and (j) 
shall apply to such application as such provisions of 
law were in effect on the day before such effective 
date. 
(l) REVIEW EVERY 7 YEARS.—Not later than the end 
of the 7-year period beginning on the effective date under 
subsection (k), and the end of every 7-year period there-
after, the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and 
Trademark Office (in this subsection referred to as the 
‘‘Director’’) shall— 
(1) conduct a study on the effectiveness and ef-
ficiency of the amendments made by this section; 
and 
(2) submit to the Committees on the Judiciary 
of the House of Representatives and the Senate a 
report on the results of the study, including any rec-
ommendations the Director has on amendments to 
the law and other recommendations of the Director 
with respect to the first-to-file system implemented 
under the amendments made by this section. 
SEC. 4. INVENTOR’S OATH OR DECLARATION. 
(a) INVENTOR’S OATH OR DECLARATION.— 
(1) IN GENERAL.—Section 115 is amended to 
read as follows: 
‘‘§ 115. Inventor’s oath or declaration 
‘‘(a) NAMING THE INVENTOR; INVENTOR’S OATH OR 
DECLARATION.—An application for patent that is filed 
under section 111(a), that commences the national stage 
under section 363, or that is filed by an inventor for an 
invention for which an application has previously been 
filed under this title by that inventor shall include, or be
amended to include, the name of the inventor of any 
claimed invention in the application. Except as otherwise 
provided in this section, each individual who is the inven-
tor or a joint inventor of a claimed invention in an applica-
tion for patent shall execute an oath or declaration in con-
nection with the application. 
‘‘(b) REQUIRED STATEMENTS.—An oath or declara-
tion by an individual under subsection (a) shall contain 
statements that— 
‘‘(1) the application was made or was author-
ized to be made by individual; and 
‘‘(2) the individual believes himself or herself to 
be the original inventor or an original joint inventor 
of a claimed invention in the application. 
‘‘(c) ADDITIONAL REQUIREMENTS.—The Director 
may specify additional information relating to the inventor 
and the invention that is required to be included in an 
oath or declaration under subsection (a). 
‘‘(d) SUBSTITUTE STATEMENT.— 
‘‘(1) IN GENERAL.—In lieu of executing an oath 
or declaration under subsection (a), the applicant for 
patent may provide a substitute statement under the 
circumstances described in paragraph (2) and such 
additional circumstances that the Director may 
specify by regulation.
‘‘(2) PERMITTED
CIRCUMSTANCES.—A sub-
stitute statement under paragraph (1) is permitted 
with respect to any individual who— 
‘‘(A) is unable to file the oath or declara-
tion under subsection (a) because the indi-
vidual— 
‘‘(i) is deceased; 
‘‘(ii) is under legal incapacity; or 
‘‘(iii) cannot be found or reached after 
diligent effort; or 
‘‘(B) is under an obligation to assign the 
invention and has refused to make the oath or 
declaration required under subsection (a). 
‘‘(3) CONTENTS.—A substitute statement under 
this subsection shall— 
‘‘(A) identify the individual with respect to 
whom the statement applies; 
‘‘(B) set forth the circumstances rep-
resenting the permitted basis for the filing of 
the substitute statement in lieu of the oath or 
declaration under subsection (a); and 
‘‘(C) contain any additional information, 
including any showing, required by the Direc-
tor.
‘‘(e) MAKING REQUIRED STATEMENTS IN ASSIGN-
MENT
OF RECORD.—An individual who has assigned 
rights in an application for patent may include the re-
quired statements under subsections (b) and (c) in the as-
signment executed by the individual, in lieu of filing such 
statements separately. 
‘‘(f) TIME FOR FILING.—A notice of allowance under 
section 151 may be provided to an applicant for patent 
only if the applicant for patent has filed each required 
oath or declaration under subsection (a) or has filed a sub-
stitute statement under subsection (d) or recorded an as-
signment meeting the requirements of subsection (e). 
‘‘(g) EARLIER-FILED APPLICATION CONTAINING RE-
QUIRED STATEMENTS
OR SUBSTITUTE STATEMENT.— 
The requirements under this section shall not apply to an 
individual with respect to an application for patent in 
which the individual is named as the inventor or a joint 
inventor and that claims the benefit of an earlier filing 
date under section 120 or 365(c), if— 
‘‘(1) an oath or declaration meeting the require-
ments of subsection (a) was executed by the indi-
vidual and was filed in connection with the earlier- 
filed application;