This is a question that I often am asked when inventors have
been working with us for an extended period of time. In the past,
we could use an existing, executed declaration in the family for a
new member, but not after changes to the oath and declaration went
into effect on September 16, 2012.
The changes to the Oath and Declaration are provided for in 35
U.S.C. §§ 115 and 118. Under the changes, someone other
than an inventor or a joint inventor can file a patent application.
Moreover, the term "applicant" is no longer synonymous to
an inventor. With the changes, an assignee or other person who can
show a sufficient proprietary interest in the invention may be the
applicant.
Under the new rules, the Oath or Declaration being executed by
an inventor or joint inventors must include certain language. In
particular, the Oath or Declaration must state that (1) "the
application was made or was authorized to be made by the affiant or
declarant," and (2) "such individual
