Puerto Rico Combined Declaration and Assignment
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How to fill out Combined Declaration And Assignment?
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FAQ
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.
§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.
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.
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...
37 CFR 1.63 Inventor's oath or declaration. (a) The inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent must execute an oath or declaration directed to the application, except as provided for in § 1.64 .
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.
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)).