S.C. 371 for an international application having an international filing date prior to are required to file an oath or declaration of the inventor in accordance with pre-AIA 37 CFR 1.497(a) and (b). If the basic national fee and copy of the international application have been received by the expiration of 30 months from the priority date, but the required oath or declaration has not been filed, the Office will send applicant a Notification of Missing Requirements (Form PCT/DO/EO/905) setting a time period to correct any missing or defective requirements and to submit the surcharge fee required under 37 CFR 1.492(h) unless previously paid. Failure to timely file the required oath or declaration will result in abandonment of the application.
In addition, where a priority claim has been corrected or added pursuant to PCT Rule 26
An oath or declaration satisfying the requirements of pre-AIA 37 CFR 1.497(a) – (b) will be sufficient for the purposes of entering the U.S. national phase. However, if the oath or declaration fails to also comply with the additional requirements for oaths and declarations set forth in 37 CFR 1.63, applicants will need to submit a supplemental oath or declaration, or an application data sheet where permitted under 37 CFR 1.63(c), to correct the deficiency. See 37 CFR 1.497(c).
S. national phase unless the inventorship is corrected
In general, the requirement for an oath or declaration in compliance with 37 CFR 1.497(a) – (b) will have been previously satisfied if a declaration in compliance with PCT Rule 4.17(iv) executed by all the inventors was submitted within the time limits provided in PCT Rule 26ter.1 in the international phase. However, if the inventorship was changed in the international application under PCT Rule 92bis such that the inventorship identified in the PCT Rule 4.17(iv) declaration no longer corresponds to that of the international application (see pre-AIA 37 CFR 1.41(a)(4)), then a new oath or declaration in accordance with 37 CFR 1.497(a)-(b) may be required to enter the national stage. See pre-AIA 37 CFR 1.497(f)(2). echar un vistazo al enlace web Similarly, a new oath or declaration in compliance with 37 CFR 1.497(a)-(b) is required where the PCT Rule 4.17(iv) declaration was executed prior to a change in the international filing date pursuant to PCT Rule 20.5(c). See pre-AIA 37 CFR 1.497(f)(1). 2bis after execution of the PCT Rule 4.17(iv) declaration, then a supplemental oath or declaration, or an application data sheet, identifying the correct priority claim will be required. See pre-AIA 37 CFR 1.497(g).
The inventorship of an international application entering the national stage under 35 U.S.C. 371 having an international filing date before is that inventorship set forth in the international application, which includes any changes effected under PCT Rule 92bis. See pre-AIA 37 CFR 1.41(a)(4). Accordingly, an oath or es an inventive entity different than that set forth in the international application will not be accepted for purposes of entering the U. See the procedures set forth in pre-AIA 37 CFR 1.497(d) and 37 CFR 1.48(a) for correcting inventorship. If an inventor refuses to execute the oath or declaration or cannot be found or reached after diligent effort, applicant may file an oath or declaration and a petition in accordance with pre-AIA 37 CFR 1.47. Similarly, where an inventor is deceased or legally incapacitated, an oath or declaration may be made in accordance with the provisions of pre-AIA 37 CFR 1.42 or 1.43. See pre-AIA 37 CFR 1.497(b).
497, correction will be required to accept the oath or e. Effective , the procedure set forth in 37 CFR 1.48(f) e of an inventor in a nonprovisional application. In applications where the procedure under 37 CFR 1.48(f) is not available, correction may be made by way of petition under 37 CFR 1.182 to accept the oath or e.