Can an applicant submit a copy of an inventor’s oath or declaration from a prior application?

Yes, an applicant can submit a copy of an inventor’s oath or declaration from a prior application under certain conditions. According to MPEP 602.01(a):

An applicant may submit an inventor’s oath or declaration meeting the requirements of 35 U.S.C. 115 and 37 CFR 1.63 or 1.64 in an earlier-filed application, and submit a copy of such oath or declaration in a later-filed application that claims the benefit of the earlier application under 35 U.S.C. 120, 121, 365(c), or 386(c).

However, there are specific requirements for using a copy:

• The oath or declaration from the earlier application must comply with the current requirements.
• The copy must be accompanied by a statement requesting its use and confirming that the executed oath or declaration is still accurate.
• The earlier application must be specifically referenced.

This provision can save time and effort in subsequent related applications, but applicants must ensure all conditions are met for the copy to be accepted.

To learn more:

• inventor’s oath
• declaration
• copy
• prior application
• continuation application