Revised Procedure for an Oath or Declaration.

Per a USPTO press release today: 

If an oath or declaration filed on or after June 1, 2008 does not include the express language set forth in 37 CFR 1.63(b)(3), the Office will object to the oath or declaration as failing to comply with 37 CFR 1.63.  A supplemental oath or declaration pursuant to 37 CFR 1.67 will then be required.

The pertinent section of CFR 1.63 Oath or Declaration states:

(b) In addition to meeting the requirements of paragraph (a) of this section, the oath or declaration must also: . . .

(3) State that the person making the oath or declaration acknowledges the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56.  (Emphasis mine).

Practitioners are hereby put on notice to check and, if necessary, update their oath or declaration forms. 

JW Note:  Rule of thumb in checking your forms: “material to examination” = bad; and “material to patentability” = good.