Can I use a copy of an oath or declaration from a prior application in a continuing application?
Yes, you can use a copy of an oath or declaration from a prior application in certain continuing applications. According to MPEP 602.05:
For applications filed on or after September 16, 2012: a continuing application, including a continuation-in-part application, may be filed with a copy of an oath or declaration or substitute statement from the prior nonprovisional application, provided that the oath or declaration is in compliance with 37 CFR 1.63 or the substitute statement is in compliance with 37 CFR 1.64.
For applications filed before September 16, 2012: A continuation or divisional application filed before September 16, 2012 under 37 CFR 1.53(b) (other than a continuation-in-part (CIP)) may be filed with a copy of the oath or declaration from the prior nonprovisional application.
However, it’s important to note that the requirements for oaths and declarations may differ based on the filing date, and a new oath or declaration may be necessary in some cases.
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