MPEP § 603 — MPEP § 603
Current through: 2022-07-01

603-Supplemental Oath or Declaration 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

 Skip over navigation 
 
 
 
 
 
 
 
 search for patents | search for trademarks 

 
 
 
 
 
 
 
 
 
 
 
 Search 
 
 
 

 
 

 
 
 
 
 
 PATENTS 
 
 Patent Search 

 
 Patent Process 

 
 Patent Classification 

 
 Patent Forms 

 
 Statistics 

 
 Electronic Business Center 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Resources and Guidance 

 
 Office of Data Management 

 
 Announcements 

 
 Initiatives & Events 

 
 International Protection 

 
 Employee Locator 

 
 Contact Patents 

 

 

 
 TRADEMARKS 
 
 Trademark Search 

 
 Trademarks Process 

 
 News & Notices 

 
 Manuals, Guides, Official Gazette 

 
 Laws & Regulations 

 
 Online Filing 

 
 Contact Trademarks 

 

 

 
 IP LAW & POLICY 
 
 Rulemaking 

 
 IP Policy and Enforcement 

 
 Protecting IP Overseas 

 
 Training and Education 

 
 Training Programs & Conferences 

 
 Office of Governmental Affairs 

 
 Office of Chief Economist 

 
 Boards and Counsel 

 

 

 
 PRODUCTS & SERVICES 
 
 Electronic Data Products 

 
 XML Resources 

 
 XML Resources - Retrospective 

 
 USPTO Contact Center Order Form 

 
 Services 

 
 Locate Libraries 

 
 Training/Events 

 
 Online Services Hub 

 

 

 
 INVENTORS 
 
 Patents for Inventors 

 
 Trademarks for Inventors 

 
 Inventors Assistance 

 
 Education and Information 

 
 Scam Prevention 

 
 Pro Se and Pro Bono 

 
 Current Events 

 
 State Resources 

 
 InventorsEye Newsletter 

 

 

 
 NEWS & NOTICES 
 
 Subscription Center 

 
 Press Releases 

 
 Testimony and Speeches 

 
 Director's Forum 

 
 Systems Status 

 
 Emergency Notices 

 
 USPTO Videos 

 
 Official Gazette 

 
 Federal Register Notices 

 
 Event Calendar 

 

 

 
 FAQs 
 
 Patents FAQs 

 
 Trademarks FAQs 

 
 Assignments 

 
 Security 

 
 Musicians and Artists 

 
 Browser Plugins 

 
 Other Web Resources 

 

 

 
 ABOUT US 
 
 USPTO Leadership 

 
 USPTO Organization 

 
 USPTO Offices 

 
 Careers 

 
 Budget, Performance, and Planning 

 
 Statistics 

 
 Vendor Information 

 
 Public Advisory Committees 

 
 National Medal of Technology and Innovation 

 
 IP in Motion 

 
 Contact Us 

 

 

 
 
 

 

 
 

 
 
 
 
 Home Page 

 
 Patents 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Manual of Patent Examining Procedure 

 Chapter 0600 

 Section 603 
 

 
 
 
 
 
 603 Supplemental Oath or Declaration [R-07.2015]
 I. APPLICATIONS FILED ON OR AFTER SEPTEMBER 16, 2012 [Editor Note: See subsection II., below, for information regarding supplemental
 oath or declaration in an application filed before September 16, 2012.] 

 
 37 CFR 1.67 Supplemental oath or declaration. 

 
 (a) The applicant may submit an inventor's oath or
 declaration meeting the requirements of § 1.63 , §
 1.64 , or § 1.162 to correct any
 deficiencies or inaccuracies present in an earlier-filed inventor's oath or
 declaration. Deficiencies or inaccuracies due to the failure to meet the
 requirements of § 1.63(b) in an oath or
 declaration may be corrected with an application data sheet in accordance with
 §
 1.76 , except that any correction of inventorship must be
 pursuant to §
 1.48 .
 

 (b) A supplemental inventor's oath or declaration
 under this section must be executed by the person whose inventor’s oath or
 declaration is being withdrawn, replaced, or otherwise corrected.
 

 (c) The Office will not require a person who has
 executed an oath or declaration in compliance with 35 U.S.C.
 115 and § 1.63 or 1.162 
 for an application to provide an additional inventor's oath or declaration for
 the application.
 

 (d) No new matter may be introduced into a
 nonprovisional application after its filing date even if an inventor's oath or
 declaration is filed to correct deficiencies or inaccuracies present in the
 earlier-filed inventor's oath or declaration.
 

 
 

 37 CFR
 1.67 provides for a supplemental inventor’s oath or declaration
 (which includes oaths, declarations, assignment-statements under 37 CFR
 1.63(e) , and substitute statements under 37 CFR 1.64 )
 under 35
 U.S.C. 115(h) .
 

 37 CFR
 1.67(a) provides that the applicant may submit an inventor’s oath
 or declaration meeting the requirements of 37 CFR 1.63 , 1.64 , or
 1.162 to correct any deficiencies or inaccuracies present in an
 earlier-filed inventor’s oath or declaration. See 35 U.S.C.
 115(h)(1) . 37 CFR 1.67(a) also provides that
 deficiencies or inaccuracies due to the failure to meet the requirements of
 37 CFR
 1.63(b) in an oath or declaration may be corrected with an
 application data sheet in accordance with 37 CFR 1.76 , except that any
 correction of inventorship must be pursuant to 37 CFR 1.48 . Thus, an error in an
 inventor’s mailing address may be corrected with an application data sheet in accordance
 with 37 CFR
 1.76 . See 37 CFR 1.76(c) . Any request to
 correct or change inventorship in a nonprovisional application must be by way of a
 request under 37 CFR
 1.48(a) . Any request to correct or update the name of an inventor
 in a nonprovisional application must be by way of a request under 37 CFR
 1.48(f) .
 

 37 CFR
 1.67(b) provides that a supplemental inventor’s oath or
 declaration under 37 CFR 1.67 must be executed by the person whose inventor’s oath
 or declaration is being withdrawn, replaced, or otherwise corrected.
 

 37 CFR
 1.67(c) provides that the Office will not require a person who has
 executed an oath or declaration in compliance with 35 U.S.C. 115 
 and 37 CFR
 1.63 or 1.162 for an application to provide
 an additional inventor’s oath or declaration for the application. See 35 U.S.C.
 115(h)(2) .
 

 37 CFR
 1.67(d) contains the provision of former 37 CFR 1.67(b) 
 that no new matter may be introduced into a nonprovisional application after its filing
 date even if an inventor’s oath or declaration is filed to correct deficiencies or
 inaccuracies present in the earlier-filed oath or declaration.
 

 II. APPLICATIONS FILED BEFORE SEPTEMBER 16, 2012 [Editor Note: See subsection I., above, for information regarding supplemental
 oath or declaration in an application filed on or after September 16,
 2012.] 

 
 37 CFR 1.67 (pre-AIA) Supplemental oath or declaration. 

 
 (a) The Office may require, or inventors and applicants may submit,
 a supplemental oath or declaration meeting the requirements of
 §
 1.63 or § 1.162 to correct any
 deficiencies or inaccuracies present in the earlier filed oath or
 declaration.
 
 (1) Deficiencies or inaccuracies relating to all the
 inventors or applicants ( §§ 1.42 ,
 1.43 , or § 1.47 ) may be
 corrected with a supplemental oath or declaration signed by all the
 inventors or applicants.
 

 (2) Deficiencies or inaccuracies relating to fewer than all
 of the inventor(s) or applicant(s) ( §§ 1.42 ,
 1.43 or § 1.47 ) may be
 corrected with a supplemental oath or declaration identifying the entire
 inventive entity but signed only by the inventor(s) or applicant(s) to
 whom the error or deficiency relates.
 

 (3) Deficiencies or inaccuracies due to the failure to meet
 the requirements of § 1.63(c) 
 ( e.g., to correct the omission of a mailing address
 of an inventor) in an oath or declaration may be corrected with an
 application data sheet in accordance with §
 1.76 .
 

 (4) Submission of a supplemental oath or declaration or an
 application data sheet ( § 1.76 ), as opposed
 to who must sign the supplemental oath or declaration or an application
 data sheet, is governed by § 1.33(a)(2) and
 paragraph (b) of this section.
 

 
 

 (b) A supplemental oath or declaration meeting the requirements of
 §
 1.63 must be filed when a claim is presented for matter
 originally shown or described but not substantially embraced in the statement
 of invention or claims originally presented or when an oath or declaration
 submitted in accordance with § 1.53(f) after the filing
 of the specification and any required drawings specifically and improperly
 refers to an amendment which includes new matter. No new matter may be
 introduced into a nonprovisional application after its filing date even if a
 supplemental oath or declaration is filed. In proper situations, the oath or
 declaration here required may be made on information and belief by an applicant
 other than the inventor.
 

 (c) [Reserved]

 
 

 Pre-AIA 37 CFR
 1.67 requires in the supplemental oath or declaration substantially
 all the data called for in pre-AIA 37 CFR 1.63 for the original
 oath or declaration. As to the purpose to be served by the supplemental oath or
 declaration, the examiner should bear in mind that it cannot be availed of to introduce new
 matter into an application.
 

 Deficiencies or inaccuracies in an oath or declaration may be corrected by
 a supplemental oath or declaration. The supplemental oath or declaration must (1) identify
 the entire inventive entity, and (2) be signed by all the inventors when the correction
 relates to all the inventors or applicants ( pre-AIA 37 CFR 1.42 , 1.43 , or
 1.47 ), or by only those inventor(s) or applicants ( pre-AIA 37 CFR 1.42 ,
 1.43 , or 1.47 ) to whom the corrections relates.
 See pre-AIA 37 CFR
 1.67(a) . A deficiency or inaccuracy relating to information required
 by pre-AIA 37 CFR
 1.63(c) may also be corrected with an application data sheet
 ( pre-AIA 37 CFR
 1.67(a)(3) ). The following examples illustrate how certain
 deficiencies or inaccuracies in an oath or declaration may be corrected:
 

 Example 1: An application was filed with a declaration under
 pre-AIA 37 CFR
 1.63 executed by inventors A, B, and C. If it is later determined
 that the citizenship of inventor C was in error, a supplemental declaration identifying
 inventors A, B, and C may be signed by inventor C alone correcting C’s citizenship.
 

 Example 2: An application was filed with a declaration under
 pre-AIA 37 CFR
 1.63 executed by inventors A, B, and C. If it is later determined
 that the duty to disclose clause was omitted, a supplemental declaration identifying
 inventors A, B, and C must be signed by inventors A, B, and C. If separate declarations had
 been executed by each of the inventors and the duty to disclose clause had been omitted
 only in the declaration by inventor B, then only inventor B would need to execute a
 supplemental declaration identifying the entire inventive entity.
 

 Example 3: An application was filed with a declaration under
 pre-AIA 37 CFR
 1.63 executed by inventors A, and B, and the legal representative of
 deceased inventor C. It is later determined that an error was made in the citizenship of
 deceased inventor C. A supplemental declaration identifying A, B, and C as the inventors
 would be required to be signed by the legal representative of deceased inventor C alone
 correcting C’s citizenship.
 

 Example 4: An application was filed with a declaration under
 pre-AIA 37 CFR
 1.63 executed by inventors A and B. If it is later determined that an
 error exists in the mailing address of inventor B, the mailing address of inventor B may be
 corrected by a supplemental declaration identifying the entire inventive entity and signed
 by inventor B alone, or an application data sheet under 37 CFR 1.76 containing only a change in
 inventor B’s mailing address. 
 

 When an inventor who executed the original declaration is refusing or
 cannot be found to execute a required supplemental declaration, the requirement for that
 inventor to sign the supplemental declaration may be suspended or waived in accordance with
 37 CFR
 1.183 . All available joint inventor(s) must sign the supplemental
 declaration on behalf of themselves, if appropriate, and on behalf of the nonsigning
 inventor. See MPEP §
 409.03(a) . If there are no joint inventor(s), then the party with
 sufficient proprietary interest must sign the supplemental declaration on behalf of the
 nonsigning inventor. See MPEP
 § 409.03(b) .
 

 
 603.01 Supplemental Oath or Declaration Filed After Allowance [R-11.2013]

 Supplemental oaths and declarations covering the claims in the
 application may be filed after allowance as a matter of right. When received they will
 be placed in the file by the Office of Data Management, but their receipt will not be
 acknowledged to the party filing them. They should not be filed or considered as
 amendments under 37
 CFR 1.312 , since they make no change in the wording of the papers
 on file. See MPEP
 § 714.16 . 
 

 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 601-Content of Provisional and Nonprovisional Applications 
 601.01-Complete Application 
 601.01(a)-Nonprovisional Applications Filed Under 35 U.S.C. 111(a) 

 601.01(b)-Provisional Applications Filed Under 35 U.S.C. 111(b) 

 601.01(c)-Conversion to or from a Provisional Application 

 601.01(d)-Application Filed Without All Pages of Specification 

 601.01(e)-Nonprovisional Application Filed Without at Least One Claim 

 601.01(f)-Applications Filed Without Drawings 

 601.01(g)-Applications Filed Without All Figures of Drawings 

 
 

 601.02-Power of Attorney 

 601.03-Correspondence Address 
 601.03(a)-Change of Correspondence Address in Applications Filed On or After September 16, 2012 

 601.03(b)-Change of Correspondence Address in Applications Filed Before September 16, 2012 

 
 

 601.04-National Stage Requirements of the United States as a Designated Office 

 601.05-Bibliographic Information - Application Data Sheet (ADS) 
 601.05(a)-Application Data Sheet (ADS) -- Application Filed On or After September 16, 2012 

 601.05(b)-Application Data Sheet (ADS) in Application Filed Before September 16, 2012 

 
 

 
 

 602-Oaths and Declarations 
 602.01-Naming the Inventor; Inventor's Oath or Declaration 
 602.01(a)-Inventor’s Oath or Declaration in Application Filed On or After September 16, 2012 

 602.01(b)-Inventor’s Oath or Declaration in Application Filed Before September 16, 2012 

 602.01(c)-Correction of Inventorship, Name of Inventor, and Order of Names in an Application 
 602.01(c)(1)-Correction of Inventorship in an Application – Request Filed On or After September 16, 2012 

 602.01(c)(2)-Correcting or Updating Inventor Name 37 CFR 1.48(f) – Request Filed On or After September 16, 2012 

 602.01(c)(3)-[Reserved] 

 
 

 
 

 602.02-New Oath or Substitute for Original 

 602.03-Office Finds the Inventor’s Oath or Declaration Defective 

 602.04-Foreign Executed Oath 

 602.05-Oath or Declaration in Continuing Applications 
 602.05(a)-Oath or Declaration in Continuing Applications Filed On or After September 16, 2012 

 602.05(b)-Oath or Declaration in Continuing Applications Filed Before September 16, 2012 

 
 

 602.06-Non-English Oath or Declaration 

 602.07-Oath or Declaration Filed in United States as a Designated Office 

 602.08-Inventor and Application Information 
 602.08(a)-Inventor Bibliographic Information 

 602.08(b)-Inventor Signature and Name 

 602.08(c)-Identification of Application 

 
 

 602.09-Joint Inventors 

 
 

 603-Supplemental Oath or Declaration 
 603.01-Supplemental Oath or Declaration Filed After Allowance 

 
 

 604-Substitute Statements 

 605-Applicant 
 605.01-Applicant for Application filed on or after September 16, 2012 

 605.02-Applicant for Application Filed Before September 16, 2012 

 
 

 606-Title of Invention 
 606.01-Examiner May Require Change in Title 

 
 

 607-Filing Fee 
 607.01-[Reserved] 

 607.02-Returnability of Fees 

 
 

 608-Disclosure 
 608.01-Specification 
 608.01(a)-Arrangement of Application 

 608.01(b)-Abstract of the Disclosure 

 608.01(c)-Background of the Invention 

 608.01(d)-Brief Summary of Invention 

 608.01(e)-[Reserved] 

 608.01(f)-Brief Description of Drawings 

 608.01(g)-Detailed Description of Invention 

 608.01(h)-Mode of Operation of Invention 

 608.01(i)-Claims 

 608.01(j)-Numbering of Claims 

 608.01(k)-Statutory Requirement of Claims 

 608.01(l)-Claims Present on the Application Filing Date 

 608.01(m)-Form of Claims 

 608.01(n)-Dependent Claims 

 608.01(o)-Basis for Claim Terminology in Description 

 608.01(p)-Completeness of Specification 

 608.01(q)-Substitute or Rewritten Specification 

 608.01(r)-Derogatory Remarks About Prior Art in Specification 

 608.01(s)-Restoration of Canceled Matter 

 608.01(t)-Use in Subsequent Application 

 608.01(u)-[Reserved] 

 608.01(v)-Marks Used in Commerce and Trade Names 

 608.01(w)-Copyright and Mask Work Notices 

 
 

 608.02-Drawing 
 608.02(a)-New Drawing — When Replacement is Required Before Examination 

 608.02(b)-Acceptability of Drawings 

 608.02(c)-Location of Drawings 

 608.02(d)-Complete Illustration in Drawings 

 608.02(e)-Examiner Determines Completeness and Consistency of Drawings 

 608.02(f)-Modifications in Drawings 

 608.02(g)-Illustration of Prior Art 

 608.02(h)-Replacement Drawings 

 608.02(i)-Transfer of Drawings From Prior Applications 

 608.02(j) - 608.02(o)-[Reserved] 

 608.02(p)-Correction of Drawings 

 608.02(q) - 608.02(s)-[Reserved] 

 608.02(t)-Cancelation of Figures 

 608.02(u)-[Reserved] 

 608.02(v)-Drawing Changes Which Require Annotated Sheets 

 608.02(w)-Drawing Changes Which May Be Made Without Applicant’s Annotated Sheets 

 608.02(x)-Drawing Corrections or Changes Accepted Unless Notified Otherwise 

 608.02(y)-Return of Drawing 

 608.02(z)-Allowable Applications Needing Drawing Corrections or Corrected Drawings 

 
 

 608.03-Models, Exhibits, Specimens 
 608.03(a)-Handling of Models, Exhibits, and Specimens 

 
 

 608.04-New Matter 
 608.04(a)-Matter Not Present in Specification, Claims, or Drawings on the Application Filing Date 

 608.04(b)-New Matter by Preliminary Amendment 

 608.04(c)-Review of Examiner’s Holding of New Matter 

 
 

 608.05-“Sequence Listing,” “Large Tables,” or “Computer Program Listing Appendix” Submitted in ASCII Plain Text or a “Sequence Listing
 XML” Submitted as XML File Text 
 608.05(a)-Submission of a “Computer Program Listing Appendix” 

 608.05(b)-ASCII Plain Text Submissions of “Large Tables” and Treatment of Lengthy Tables in a Specification for Patents and Patent Application
 Publications 

 608.05(c)-Submissions of Biological Sequence Listings 

 
 

 
 

 609-Information Disclosure Statement 
 609.01-Examiner Checklist for Information Disclosure Statements 

 609.02-Information Disclosure Statements in Continued Examinations or Continuing Applications 

 609.03-Information Disclosure Statements in National Stage Applications 

 609.04-Content and Timing Requirements for an Information Disclosure Statement 
 609.04(a)-Content Requirements for an Information Disclosure Statement 

 609.04(b)-Timing Requirements for an Information Disclosure Statement 

 
 

 609.05-Examiner Handling of Information Disclosure Statements 
 609.05(a)-Noncomplying Information Disclosure Statements 

 609.05(b)-Complying Information Disclosure Statements 

 609.05(c)-Documents Submitted as Part of Applicant’s Reply to Office Action 

 
 

 609.06-Information Printed on Patent 

 609.07-IDSs Electronically Submitted (eIDS) Using Patent Center 

 609.08-Electronic Processing of Information Disclosure Statement 

 
 

 

 

 
 

 
 
 

 
 

 

 
 
 Accessibility 

 Privacy Policy 

 Terms of Use 

 Security 

 Emergencies/Security Alerts 

 Information Quality Guidelines 

 
 

 
 
 Federal Activities Inventory Reform (FAIR) Act 

 Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act 

 Budget & Performance 

 Freedom of Information Act (FOIA) 

 
 

 
 
 Department of Commerce NoFEAR Act Report 

 Regulations.gov 

 STOP!Fakes.gov 

 Department of Commerce 

 USA.gov 

 
 

 
 
 Strategy Targeting Organized Piracy (STOP!) 

 Careers 

 Site Index 

 Contact Us 

 Submit Feedback 

 
 

 
 This page is owned by Patents.

 Last Modified: 
 
 03/09/2026 20:49:43