Can an inventor’s oath or declaration from a parent application be used in a divisional application?
Can an inventor’s oath or declaration from a parent application be used in a divisional application? Yes, an inventor’s oath or declaration from a parent application can often be used in a divisional application. According to MPEP 201.06(c): ‘In accordance with 37 CFR 1.63(d), a newly executed oath or declaration is not required in a…
Read MoreWhat is the effect of filing a continuation or continuation-in-part application on the parent application?
Filing a continuation or continuation-in-part (CIP) application does not automatically affect the status of the parent application. The parent application continues to be examined or remains patented (if already issued) independently of the child application. Key points to note: 1. The parent application remains pending unless expressly abandoned, allowed to go abandoned, or issued as…
Read MoreDo I need to resubmit prior art cited in a parent application when filing a continuing application?
Generally, it is not necessary to resubmit prior art cited by the examiner in a parent application when filing a continuing application that claims benefit under 35 U.S.C. 120. The MPEP states: “The examiner of the continuing application will consider information which has been considered by the Office in the parent application.” However, if you…
Read MoreWhat happens to terminal disclaimers in a divisional application?
Terminal disclaimers filed in a parent application do not automatically carry over to a divisional application. The MPEP 201.06 states: ‘A terminal disclaimer filed to obviate a nonstatutory double patenting rejection in a parent application does not carry over to a divisional application. The applicant filing the divisional application must determine whether a new terminal…
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