How do affidavits or declarations from a prior application apply to a new application?
Affidavits or declarations filed in a prior application do not automatically become part of a new application. As stated in MPEP ¶ 2.03: Affidavits or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132, filed during the prosecution of the prior application do not automatically become a part of this application.
To rely on an earlier-filed affidavit or declaration, the applicant must:
- Make remarks of record in the new application
- Include a copy of the original affidavit or declaration filed in the prior application
For more information on patent prosecution, visit: patent prosecution.
For more information on prior applications, visit: prior applications.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure