Can I use a copy of an oath or declaration in a continuation-in-part (CIP) application?

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.

The use of a copy of an oath or declaration in a continuation-in-part (CIP) application depends on the filing date of the CIP application:

1. For CIP applications filed on or after September 16, 2012:
   • A copy of an oath or declaration from the prior application may be used.
   • However, the oath or declaration must comply with the requirements of 35 U.S.C. 115 and 37 CFR 1.63 or 1.64 in effect for applications filed on or after September 16, 2012.
   • A new oath or declaration may be necessary if the prior application was filed before September 16, 2012.
2. For CIP applications filed before September 16, 2012:
   • Generally, a new oath or declaration is required.
   • The copy of the oath or declaration from the prior application is typically not sufficient due to the new matter introduced in a CIP.

According to MPEP 602.05(a): For applications filed on or after September 16, 2012, a continuing application, including a continuation-in-part application, may be filed with a copy of an oath or declaration or substitute statement from the prior nonprovisional application, provided that the oath or declaration is in compliance with 37 CFR 1.63 or the substitute statement is in compliance with 37 CFR 1.64.

It’s important to ensure that the oath or declaration covers all the subject matter in the CIP application, including any new matter added.