Patent bar Allowance, issue, reissue and correction of patents question: notice of allowance the Office mails a Notice Requiring Inventor's Oath or Declaration

Answer: A. The declaration must be filed no later than payment of the issue fee, or the application is regarded as abandoned

Answer: The declaration must be filed no later than payment of the issue fee, or the application is regarded as abandoned. For applications filed on or after September 16, 2012, if an allowable application lacks an inventor's oath or declaration (or substitute statement), the Office sends a Notice Requiring Inventor's Oath or Declaration with the notice of allowance. A proper reply must be filed no later than the date the issue fee is paid; otherwise the application is regarded as abandoned (MPEP 1303; 37 CFR 1.53(f)(3)(ii)). Why not the others: - Any time before issue: the deadline is the issue fee payment date, not the issue date. - Three months after payment: no period runs after the issue fee is paid. - Omitted because of the ADS: an ADS can postpone the declaration, but it must still be filed by the time the issue fee is paid. - The notice of allowance is properly mailed without the declaration; the notice sets the declaration deadline. Rule: An inventor's oath or declaration postponed under 1.53(f)(3) must be filed no later than payment of the issue fee. Source: MPEP § 1303, § 602.01(a) (9th ed., Rev. 01.2024); 37 CFR 1.53(f)(3), 1.63, 1.64; as at Oct 2026