Are new oaths or declarations required for continuation or divisional applications?

For continuation or divisional applications filed before September 16, 2012, a new oath or declaration is generally not required if certain conditions are met. According to pre-AIA 37 CFR 1.63(d):

A newly executed oath or declaration is not required under § 1.51(b)(2) and § 1.53(f) in a continuation or divisional application, provided that:

• The prior nonprovisional application contained a proper oath or declaration
• The continuation or divisional application was filed by all or fewer than all inventors named in the prior application
• The specification and drawings contain no new matter
• A copy of the executed oath or declaration from the prior application is submitted

However, a new oath or declaration is required if naming an inventor not named in the prior application. The MPEP states: A newly executed oath or declaration must be filed in a continuation or divisional application naming an inventor not named in the prior application.

To learn more:

• continuation application
• divisional application
• oath
• declaration
• pre-AIA