(a) When an applicant of an international application desires to enter the national stage under 35 U.S.C. 371 pursuant to Sec. 1.495, and a declaration in compliance with Sec. 1.63 has not been previously submitted in the international application under PCT Rule 4.17(iv) within the time limits provided for in PCT Rule 26ter.1, the applicant must file the inventor's oath or declaration. 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 in accordance with the conditions and requirements of Sec. 1.63, except as provided for in Sec. 1.64.
(b) An oath or declaration under Sec. 1.63 will be accepted as complying with 35 U.S.C. 371(c)(4) if it complies with the requirements of Sec. Sec. 1.63(a), (c) and (g). A substitute statement under Sec. 1.64 will be accepted as complying with 35 U.S.C. 371(c)(4) if it complies with the requirements of Sec. Sec. 1.64(b)(1), (c) and (e) and identifies the person executing the substitute statement. If a newly executed inventor's oath or declaration under Sec. 1.63 or substitute statement under Sec. 1.64 is not required pursuant to Sec. 1.63(d), submission of the copy of the previously executed oath, declaration, or substitute statement under Sec. 1.63(d)(1) is required to comply with 35 U.S.C. 371(c)(4).
(c) If an oath or declaration under Sec. 1.63, or substitute statement under Sec. 1.64, meeting the requirements of Sec. 1.497(b) does not also meet the requirements of Sec. 1.63 or Sec. 1.64, an oath, declaration, substitute statement, or application data sheet in accordance with Sec. 1.76 to comply with Sec. 1.63 or Sec. 1.64 will be required. [77 FR 48824, Aug. 14, 2012]