New York Combined Declaration and Assignment
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How to fill out Combined Declaration And Assignment?
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FAQ
Does a U.S. national phase application still require a declaration of inventorship? Yes, a declaration of inventorship is still necessary, though the standardized text of the PCT declaration (contained in Section 214 of the PCT Administrative Instructions) changed as from 16 September 2012.
§111(b). A provisional application is not required to have a formal patent claim or an oath or declaration. Provisional applications also should not include any information disclosure (prior art) statement since provisional applications are not examined.
(c) A person may not execute an oath or declaration for an application unless that person has reviewed and understands the contents of the application, including the claims, and is aware of the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56.
All inventors need to be listed on a provisional patent application, but the inventors do not need to sign Declarations.
This identity or relationship must be valid at the time the PCT application is filed. Where a U.S. priority document is filed in the name of the inventors and the PCT application is filed in the name of the owner, there must be an assignment from the inventors to the owner prior to the filing of the PCT application.
Rule 4.17(ii) stipulates the submission of a declaration, stating the applicant's entitlement to apply for and be granted a patent, to the designated national patent office, while Rule 51 bis.
Any international application must contain the following elements: request, description, claim or claims, abstract and one or more drawings (where drawings are necessary for the understanding of the invention (PCT Article 3(2) and PCT Article 7(2)).
A substitute statement can be submitted in lieu of a declaration if an inventor is deceased, is under legal incapacity, has refused to sign the declaration, or cannot be found or reached after a diligent effort.