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Topic: File without declaration? (Read 375 times) |
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RadarPat
Newbie
Posts: 4
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File without declaration?
« on: Aug 16th, 2006, 4:13pm » |
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If an inventor is out of town and physically unable to sign and return the declaration/oath, but is able to read and approve the application for filing, can the application be filed without the declaration/oath? If the application is filed today and the declaration/oath is filed sometime after today (say, in response to a notice of missing parts), will the application have today as the filing date?
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Isaac
Senior Member
Posts: 3472
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Re: File without declaration?
« Reply #1 on: Aug 16th, 2006, 4:31pm » |
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on Aug 16th, 2006, 4:13pm, RadarPat wrote:| If an inventor is out of town and physically unable to sign and return the declaration/oath, but is able to read and approve the application for filing, can the application be filed without the declaration/oath? If the application is filed today and the declaration/oath is filed sometime after today (say, in response to a notice of missing parts), will the application have today as the filing date? |
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Yes as long as the response to the notice of missing parts is timely.
You can file with a faxed and signed declaration.
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Isaac
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Bill Richards
Full Member
 
Posts: 758
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Re: File without declaration?
« Reply #2 on: Aug 16th, 2006, 6:36pm » |
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Just for my own edification, can RadarPat file the O/D right after the app and avoid the Missing Parts fee?
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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Isaac
Senior Member
Posts: 3472
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Re: File without declaration?
« Reply #3 on: Aug 16th, 2006, 7:15pm » |
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on Aug 16th, 2006, 6:36pm, Bill Richards wrote:| Just for my own edification, can RadarPat file the O/D right after the app and avoid the Missing Parts fee? |
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I'd guess not. My reading of 37 CFR 1.53(f)(1) is that the surcharge is triggered by filing the decl/oath after filing the application. That's also consistent with 37 CFR 1.16(f).
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Isaac
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: File without declaration?
« Reply #4 on: Aug 17th, 2006, 9:26am » |
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The fee is $65. It's hardly worth worrying about. If the $65 is significant in the budget for the overall patent process, then I'd submit that the inventor/assignee's venture for profiting from an idea is woefully underfunded and may be doomed from the start.
One of my mantras is that profiting from an idea is difficult, expensive, and takes a long time and a lot of hard work.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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