Can I file a divisional application without a new oath or declaration?

Can I file a divisional application without a new oath or declaration?

Yes, you can file a divisional application without a new oath or declaration under certain conditions. According to MPEP 201.06(c):

“Under 37 CFR 1.63(d), a newly executed oath or declaration is not required in a divisional application filed under 37 CFR 1.53(b) if: (1) the prior nonprovisional application contained an oath or declaration as prescribed by 37 CFR 1.63 that was executed by or with respect to the inventor and was signed in compliance with 37 CFR 1.64; and (2) the divisional application was filed by all or by fewer than all of the inventors named in the prior application.”

This provision simplifies the filing process for divisional applications, allowing inventors to use the oath or declaration from the original application, provided the specified conditions are met.

For more information on declaration, visit: declaration.

For more information on Divisional application, visit: Divisional application.

For more information on oath, visit: oath.