37 CFR § 1.497 - Inventor's oath or declaration under 35 U.S.C. 371(c)(4).

---
identifier: "/us/cfr/t37/s1.497"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 1.497 - Inventor's oath or declaration under 35 U.S.C. 371(c)(4)."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "1.497"
section_name: "Inventor's oath or declaration under 35 U.S.C. 371(c)(4)."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "1"
part_name: "RULES OF PRACTICE IN PATENT CASES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), unless otherwise noted."
regulatory_source: "24 FR 10332, Dec. 22, 1959, unless otherwise noted."
cfr_part: "1"
---


# 1.497 Inventor's oath or declaration under 35 U.S.C. 371(c)(4).

(a) When an applicant of an international application desires to enter the national stage under 35 U.S.C. 371 pursuant to § 1.495, and a declaration in compliance with § 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 26*ter.*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 § 1.63, except as provided for in § 1.64.

(b) An oath or declaration under § 1.63 will be accepted as complying with 35 U.S.C. 371(c)(4) if it complies with the requirements of §§ 1.63(a), (c) and (g). A substitute statement under § 1.64 will be accepted as complying with 35 U.S.C. 371(c)(4) if it complies with the requirements of §§ 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 § 1.63 or substitute statement under § 1.64 is not required pursuant to § 1.63(d), submission of the copy of the previously executed oath, declaration, or substitute statement under § 1.63(d)(1) is required to comply with 35 U.S.C. 371(c)(4).

(c) If an oath or declaration under § 1.63, or substitute statement under § 1.64, meeting the requirements of § 1.497(b) does not also meet the requirements of § 1.63 or § 1.64, an oath, declaration, substitute statement, or application data sheet in accordance with § 1.76 to comply with § 1.63 or § 1.64 will be required.

[77 FR 48824, Aug. 14, 2012]