Can a copy of the original oath or declaration be used in a continuation or divisional application?
No, a copy of the original oath or declaration cannot be used in a continuation or divisional application filed under 37 CFR 1.53(b). A new oath or declaration must be filed.
According to MPEP 602.02: ‘A new oath or declaration in compliance with 37 CFR 1.63 or 1.67 is required in a continuation or divisional application filed under 37 CFR 1.53(b), regardless of whether a copy of the oath or declaration from the prior application is submitted.’
This requirement ensures that the inventors reaffirm their commitment to the claims in the new application, which may differ from those in the parent application.
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Topics:
Patent Law,
Patent Procedure