How does the oath or declaration requirement differ for continuation applications filed before and after September 16, 2012?

The oath or declaration requirements for continuation applications differ significantly depending on whether they were filed before or after September 16, 2012:

• For applications filed on or after September 16, 2012: The inventor’s oath or declaration must comply with the requirements of 35 U.S.C. 115 as revised effective September 16, 2012. It must state that the inventor (1) is an original inventor of the claimed invention, and (2) authorized the filing of the patent application for the claimed invention. It must also contain an acknowledgment of penalties for willful false statements.
• For applications filed before September 16, 2012: Applicants could file either a newly executed oath or declaration, or a copy of the oath or declaration from the prior application, along with a statement requesting deletion of names of non-inventors for the continuation application.

The MPEP states:

For applications filed on or after September 16, 2012, to claim the benefit of a prior application under 35 U.S.C. 120, 121, 365(c), or 386(c) applicant must include a reference to the prior application in compliance with 37 CFR 1.78(d)(2) in an application data sheet.

This change reflects the America Invents Act’s modifications to U.S. patent law.

For more information on America Invents Act, visit: America Invents Act.

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

For more information on oath or declaration, visit: oath or declaration.

For more information on patent application requirements, visit: patent application requirements.