MPEP § 602.05(a) — Oath or Declaration in Continuing Applications Filed On or After September 16, 2012 (Annotated Rules)

§602.05(a) Oath or Declaration in Continuing Applications Filed On or After September 16, 2012

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 602.05(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Oath or Declaration in Continuing Applications Filed On or After September 16, 2012

This section addresses Oath or Declaration in Continuing Applications Filed On or After September 16, 2012. Primary authority: 35 U.S.C. 115, 37 CFR 1.63, and 37 CFR 1.64. Contains: 3 requirements, 1 permission, and 2 other statements.

Key Rules

Topic

AIA Effective Dates

4 rules
StatutoryRequiredAlways
[mpep-602-05-a-94f19dea395fd0410b71d0cb]
Requirement for Oath or Declaration in Continuing Applications Filed On or After September 16, 2012
Note:
A copy of the inventor’s oath or declaration from a prior nonprovisional application must comply with specific requirements for continuing applications filed on or after September 16, 2012.

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. See 37 CFR 1.63(d)(1). It should be noted that a copy of the inventor’s oath or declaration submitted in a continuing application filed on or after September 16, 2012 must comply with requirements of 35 U.S.C. 115 and 37 CFR 1.63 or 1.64 in effect for applications filed on or after September 16, 2012. For example, the inventor’s oath or declaration must include a statement that the application was made or was authorized to be made by the person executing the oath or declaration. Accordingly, a new inventor’s oath or declaration may need to be filed in a continuing application filed on or after September 16, 2012, where the prior application was filed before September 16, 2012, in order to meet the requirements of 35 U.S.C. 115 and 37 CFR 1.63 (or 1.64) in effect for applications filed on or after September 16, 2012.

Jump to MPEP Source · 37 CFR 1.63AIA Effective DatesAIA Oath/Declaration Requirements (37 CFR 1.63)AIA Overview and Effective Dates
StatutoryPermittedAlways
[mpep-602-05-a-8c365f5f9a373ce814606358]
New Inventor’s Oath Required for Continuing Applications Filed After Sep 16, 2012
Note:
A new inventor’s oath or declaration must be filed in a continuing application filed on or after September 16, 2012, if the prior application was filed before that date.

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. See 37 CFR 1.63(d)(1). It should be noted that a copy of the inventor’s oath or declaration submitted in a continuing application filed on or after September 16, 2012 must comply with requirements of 35 U.S.C. 115 and 37 CFR 1.63 or 1.64 in effect for applications filed on or after September 16, 2012. For example, the inventor’s oath or declaration must include a statement that the application was made or was authorized to be made by the person executing the oath or declaration. Accordingly, a new inventor’s oath or declaration may need to be filed in a continuing application filed on or after September 16, 2012, where the prior application was filed before September 16, 2012, in order to meet the requirements of 35 U.S.C. 115 and 37 CFR 1.63 (or 1.64) in effect for applications filed on or after September 16, 2012.

Jump to MPEP Source · 37 CFR 1.63AIA Effective DatesAIA Oath/Declaration Requirements (37 CFR 1.63)AIA Overview and Effective Dates
StatutoryInformativeAlways
[mpep-602-05-a-75efceb1787e23c02c7ae058]
Inventorship Must Be Specified in Application Data Sheet
Note:
For continuing applications filed on or after September 16, 2012, inventorship must be specified in the application data sheet filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application.

For continuing applications filed on or after September 16, 2012 under 37 CFR 1.53(b), the inventorship is the inventor or joint inventors specified in the application data sheet filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If an application data sheet is not filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is the inventorship set forth in the copy of the inventor’s oath or declaration from the earlier-filed application, unless it is accompanied by a signed statement pursuant to 37 CFR 1.33(b) that states the name of each inventor in the continuing application. See 37 CFR 1.63(d)(2). Any new joint inventor named in the continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64. See 37 CFR 1.63(d)(3).

Jump to MPEP Source · 37 CFR 1.53(b)AIA Effective DatesAIA Overview and Effective DatesInventor's Oath/Declaration Requirements
MPEP GuidanceInformativeAlways
[mpep-602-05-a-6abe3413951708f615e61c7c]
Requirement for Oath or Declaration in Continuing Applications Filed Before September 16, 2012
Note:
The rule requires that an oath or declaration be included in continuing applications filed before September 16, 2012.

[Editor Note: See MPEP § 602.05(b) for information regarding oath or declaration in a continuing application filed before September 16, 2012.]

Jump to MPEP SourceAIA Effective DatesAIA Overview and Effective DatesAIA vs Pre-AIA Practice
Topic

AIA Oath/Declaration Requirements (37 CFR 1.63)

2 rules
StatutoryInformativeAlways
[mpep-602-05-a-71a993d3735b5fe017907926]
Inventorship Must Be Stated in Oath/Declaration or Data Sheet
Note:
If an application data sheet is not filed, the inventorship defaults to that stated in the earlier-filed oath or declaration unless a signed statement is provided.

For continuing applications filed on or after September 16, 2012 under 37 CFR 1.53(b), the inventorship is the inventor or joint inventors specified in the application data sheet filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If an application data sheet is not filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is the inventorship set forth in the copy of the inventor’s oath or declaration from the earlier-filed application, unless it is accompanied by a signed statement pursuant to 37 CFR 1.33(b) that states the name of each inventor in the continuing application. See 37 CFR 1.63(d)(2). Any new joint inventor named in the continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64. See 37 CFR 1.63(d)(3).

Jump to MPEP Source · 37 CFR 1.53(b)AIA Oath/Declaration Requirements (37 CFR 1.63)Inventor Oath/Declaration SignatureInventor's Oath/Declaration Requirements
StatutoryRequiredAlways
[mpep-602-05-a-98e689e75d27b6328ad2c92a]
Oath Requirement for New Joint Inventors in Continuing Applications
Note:
Any new joint inventor named in a continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64.

For continuing applications filed on or after September 16, 2012 under 37 CFR 1.53(b), the inventorship is the inventor or joint inventors specified in the application data sheet filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If an application data sheet is not filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is the inventorship set forth in the copy of the inventor’s oath or declaration from the earlier-filed application, unless it is accompanied by a signed statement pursuant to 37 CFR 1.33(b) that states the name of each inventor in the continuing application. See 37 CFR 1.63(d)(2). Any new joint inventor named in the continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64. See 37 CFR 1.63(d)(3).

Jump to MPEP Source · 37 CFR 1.53(b)AIA Oath/Declaration Requirements (37 CFR 1.63)Inventor Oath/Declaration SignatureSubstitute Signature
Topic

Inventor's Oath/Declaration Requirements

1 rules
StatutoryRequiredAlways
[mpep-602-05-a-7302bcf510f2ec659e1935ec]
Inventor’s Oath Must Include Authorization Statement
Note:
The inventor’s oath or declaration must include a statement that the application was made or authorized by the person executing it, especially for applications filed on or after September 16, 2012.

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. See 37 CFR 1.63(d)(1). It should be noted that a copy of the inventor’s oath or declaration submitted in a continuing application filed on or after September 16, 2012 must comply with requirements of 35 U.S.C. 115 and 37 CFR 1.63 or 1.64 in effect for applications filed on or after September 16, 2012. For example, the inventor’s oath or declaration must include a statement that the application was made or was authorized to be made by the person executing the oath or declaration. Accordingly, a new inventor’s oath or declaration may need to be filed in a continuing application filed on or after September 16, 2012, where the prior application was filed before September 16, 2012, in order to meet the requirements of 35 U.S.C. 115 and 37 CFR 1.63 (or 1.64) in effect for applications filed on or after September 16, 2012.

Jump to MPEP Source · 37 CFR 1.63Inventor's Oath/Declaration RequirementsAIA Effective DatesAIA Oath/Declaration Requirements (37 CFR 1.63)

Citations

Primary topicCitation
AIA Effective Dates
Inventor's Oath/Declaration Requirements
35 U.S.C. § 115
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
37 CFR § 1.33(b)
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
37 CFR § 1.53(b)
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
Inventor's Oath/Declaration Requirements
37 CFR § 1.63
AIA Effective Dates
Inventor's Oath/Declaration Requirements
37 CFR § 1.63(d)(1)
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
37 CFR § 1.63(d)(2)
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
37 CFR § 1.63(d)(3)
AIA Effective Dates
AIA Oath/Declaration Requirements (37 CFR 1.63)
Inventor's Oath/Declaration Requirements
37 CFR § 1.64
AIA Effective DatesMPEP § 602.05(b)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31