This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.