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

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.

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.