How are affidavits or declarations from prior applications handled in new patent applications?

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

This ensures that the examiner can consider the previously submitted evidence in the context of the new application.

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

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