How can an applicant ensure that affidavits from a prior application are considered in a new application?

To ensure that affidavits or declarations from a prior application are considered in a new application, an applicant must take specific steps. According to MPEP ¶ 2.03:

“Where it is desired to rely on an earlier-filed affidavit or declaration, the applicant should make the remarks of record in this application and include a copy of the original affidavit or declaration filed in the prior application.”

To ensure consideration, the applicant should:

• Explicitly reference the prior affidavit or declaration in the new application
• Provide a copy of the original affidavit or declaration
• Explain the relevance of the prior affidavit to the current application

This process helps the examiner understand the context and importance of the previously submitted evidence in relation to the new application.

For more information on patent prosecution, visit: patent prosecution.

For more information on prior applications, visit: prior applications.