Legal Definitions - supplemental declaration

A supplemental declaration in patent law refers to a formal, sworn statement submitted to the U.S. Patent and Trademark Office (USPTO) by an inventor or applicant. This document is filed after the USPTO has reviewed a patent application and decided to grant the patent (known as "allowance"), but before the patent is officially issued. Its purpose is typically to correct minor errors, clarify details, or provide additional information that does not alter the fundamental scope or claims of the invention, ensuring the accuracy of the patent record before it becomes public.

Here are some examples of when a supplemental declaration might be used:

• Correcting a Clerical Error: Imagine an inventor, Dr. Anya Sharma, receives a "Notice of Allowance" for her groundbreaking medical device patent. While reviewing the final documents, she notices her middle initial was accidentally omitted in one of the inventor declarations. Before the patent officially issues, Dr. Sharma can file a supplemental declaration, a sworn statement, to correct this minor clerical error. This ensures the issued patent accurately reflects her full name without delaying the issuance or changing the invention itself.

• Clarifying Inventorship: A team of engineers, including Mr. Lee and Ms. Chen, developed a new software algorithm. After the patent application was allowed, they realized that while Ms. Chen contributed significantly to the initial concept, Mr. Lee was solely responsible for the specific novel features claimed in the allowed patent. To clarify the precise inventorship for the allowed claims, Mr. Lee and Ms. Chen can submit a supplemental declaration. This sworn document would explain the updated understanding of inventorship, ensuring the patent issues with the correct legal inventors without altering the scope of the invention or delaying the process.

• Updating Small Entity Status: A small startup company applied for a patent, initially qualifying for "small entity" status, which grants them reduced fees. After their patent application was allowed, but before the patent issued, the company secured a major investment that technically pushed them over the threshold for small entity status. To accurately reflect their current financial status and ensure they pay the correct issuance fees, the startup would file a supplemental declaration. This sworn statement would inform the USPTO of their change in status, allowing them to pay the standard fees for issuance without impacting the patent's claims or delaying its final grant.