What should I do if a copy of an oath or declaration from a prior application is filed after the filing date of a continuation or divisional application?

If a copy of an oath or declaration from a prior application is filed after the filing date of a continuation or divisional application, you should take the following steps:

1. Include a cover letter with the oath or declaration.
2. In the cover letter, identify the application number of the continuation or divisional application.
3. Indicate in the cover letter that the submitted oath or declaration is a copy from a prior application.
4. Label the copy of the oath or declaration with the application number of the continuation or divisional application.

According to MPEP 602.05: If such a copy of the oath or declaration is filed after the filing date of the continuation or divisional application and an application number has been assigned to the continuation or divisional application (see 37 CFR 1.5(a)), the cover letter accompanying the oath or declaration should identify the application number of the continuation or divisional application. The cover letter should also indicate that the oath or declaration submitted is a copy of the oath or declaration from a prior application to avoid the oath or declaration being incorrectly matched with the prior application file.

These steps help ensure that the oath or declaration is correctly associated with the new application and not mistakenly matched with the prior application file.

To learn more:

• oath
• declaration
• continuing application
• filing procedures