How can an applicant rely on an affidavit or declaration from a prior application?

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.

To rely on an affidavit or declaration from a prior 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 rely on a prior affidavit or declaration, an applicant should:

• Make remarks of record in the new application, referencing the prior affidavit or declaration
• Include a copy of the original affidavit or declaration from the prior application in the new application

This ensures that the examiner is aware of the prior evidence and can consider it 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.