An assignment that contains the information and statements in an oath or declaration (“assignment-statement”) may be used as the inventor’s oath or declaration.
If applicant submits on filing all required filing fees, including the surcharge, and an ADS, the Office will not send a Notice to File Missing Parts requiring the declaration.
A copy of a declaration from a prior application may only be submitted in an application filed on or after September 16, 2012, if the declaration meets the requirements of amended 35 U.S.C. 115(a) which must include the required statements in 35 U.S.C. 115(b):
Applications entering the national stage under 35 U.S.C. 371 on or after September 16, 2012 where the International Application was filed prior to September 16, 2012, the declaration must comply with the pre-AIA provisions.