What is the required oath or declaration for a divisional application?

What is the required oath or declaration for a divisional application?

For a divisional application, a new oath or declaration is generally required. However, there are exceptions:

• If the application is filed on or after September 16, 2012, a copy of the oath or declaration from the prior nonprovisional application may be used, provided that it complies with 37 CFR 1.63, 1.64, or 1.67 for the divisional application.
• If the divisional application was filed before September 16, 2012, and the prior application was filed on or after September 16, 2012, a copy of the oath or declaration from the prior application can be used in the divisional application.

As stated in MPEP 201.06: “A new oath or declaration is required in a divisional application filed under 37 CFR 1.53(b), regardless of whether a copy of the oath or declaration from the prior nonprovisional application is used in the divisional application, unless the divisional application is filed on or after September 16, 2012.”

To learn more:

• divisional application
• oath
• declaration
• patent filing