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All Questions in Patent Process >> time limit between signing declaration (or assignment) and submission to USPTO

time limit between signing declaration (or assignment) and submission to USPTO

Posted by Anonymous . updated on 2/26/2009
Once an inventor signs a declaration, is there a maximum permitted delay between the time the declaration is signed and the time it is submitted to the USPTO?  I know that there's the statutory limit on the period for responding to a notice for missing parts when an application is filed with an unsigned declaration.  My question is whether the signature goes "stale".    For example, application has two inventors.  Inventor A signs his declaration promptly.  Inventor B doesn't sign his declaration until 4 months later.  If I decide to wait to file both together, is Inventor A's declaration (dated 4 months previously) still OK, or at some point do I need him to sign a fresh copy?   Same question for assignments, is there a maximum permitted delay between the time the assignment is signed and the time it is submitted for recordation?  Thanks.
Answers (1)
 
Jonathan
There is no longer such a thing as a 'stale' declaration. There once was though. See MPEP 602.05.

The office will not reject a declaration that has an old signature. In fact, they even accept declarations that are not dated.

The same pretty much goes for assignments as well, except perhaps not having the date part - that's more contractual law, though. More succinctly stated, the office probably won't reject an assignment if a signature is not dated. Perhaps there are some other implications, though, that may arise from an assignment not being dated. I am positive someone will comment on that soon enough.
 
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