Can a copy of the original oath or declaration be used in a continuation or divisional application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Original Oath or Declaration Required If Authenticity Questioned MPEP 602 Permitted Original Oath or Declaration Required for Authenticity MPEP 602 Recommended Declaration In Lieu of Oath Required MPEP 602 Required New Oath Or Declaration Needed When Administered By Attorney In Invalid Jurisdiction MPEP 602 Recommended Application File May Be Referred to Enrollment and Discipline Office MPEP 602 Permitted Declaration Can Replace Oath For Patent Filing MPEP 602 Required Declaration Must Certify Truthfulness of Statements MPEP 602 Required Declaration Must Be Maintained With Application MPEP 602 Required Unsworn Declaration Must Be Signed MPEP 602 All Inventors Must Be Named If ADS Not Filed MPEP 602.02 Required Other Related FAQs 5 FAQs Collapse What are the requirements for a new oath or declaration in a continuation-in-part application? When is a new oath or declaration required in a patent application? What are the signature requirements for inventor&#8217;s oaths or declarations? What are the requirements for i...