Can an inventor’s oath or declaration from a parent application be used in a divisional application?

Can an inventor’s oath or declaration from a parent application be used in a divisional application?

Yes, an inventor’s oath or declaration from a parent application can often be used in a divisional application. According to MPEP 201.06(c):

‘In accordance with 37 CFR 1.63(d), a newly executed oath or declaration is not required in a divisional application filed under 37 CFR 1.53(b) if: (1) the divisional application claims are directed to subject matter disclosed in the prior-filed application; (2) a copy of the inventor’s oath or declaration from the prior-filed application is provided for the divisional application; and (3) the prior-filed application contains a statement by the applicant that any required oath or declaration, including any substitute statement under 37 CFR 1.64 or assignment-statement under pre-AIA 37 CFR 1.63(e), has been filed.’

This provision simplifies the filing process for divisional applications by allowing the reuse of the original oath or declaration, provided certain conditions are met. However, it’s important to ensure that all inventors named in the divisional application are covered by the oath or declaration from the parent application.

For more information on declaration, visit: declaration.

For more information on Divisional application, visit: Divisional application.

For more information on inventor’s oath, visit: inventor’s oath.

For more information on parent application, visit: parent application.