When is a new oath or declaration required in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. A new oath or declaration is required in a patent application under the following circumstances: When filing a continuation or divisional application When filing a continuation-in-part application To correct inventorship in an application When the original oath or declaration was defective According to MPEP 602.02 : ‘A new oath or declaration is required in a continuation or divisional application filed under 37 CFR 1.53(b) or in a continuation-in-part application.’ Additionally, the MPEP states that ‘A new oath or declaration in compliance with 37 CFR 1.63 or 1.67 is required in a continuation or divisional application filed under 37 CFR 1.53(b), regardless of whether a copy of the oath or declaration from the prior application is submitted.’ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Original Oath or Declaration Required If Authenticity Questioned MPEP 602 Permitted Original Oath or Declaration Required for Authenticity MPEP 602 Recommended Declaration In Lieu of Oath Required MPEP 602 Required New Oath Or Declaration Needed When Administered By Attorney In Invalid Jurisdiction MPEP 602 Recommended Application File May Be Referred to Enrollment and Discipline Office MPEP 602 Permitted New Inventor’s Oath to Correct Previous Deficiencies MPEP 602.02 Permitted Attorney May Administer Oath as Notary MPEP 602 All Inventors Must Be Named If ADS Not Filed MPEP 602.02 Required Requirement for Declaration Instead of Oath MPEP 602 Permitted Oath Must Be Taken Within Notary's Jurisdiction MPEP 602 Recommended Other Related FAQs 5 FAQs Collapse What are the requirements for a new oath or declaration in a continuation-in-part application? Can a copy of the original o...