How can an applicant file a continuation or divisional application using a copy of an oath or declaration from a prior application?

For applications filed on or after September 16, 2012, an applicant can file a continuation or divisional application using a copy of an oath or declaration from a prior application if:

• The oath or declaration complies with 35 U.S.C. 115 as revised effective September 16, 2012
• It was executed by or with respect to the inventor in the earlier-filed application
• A copy of the oath, declaration, or substitute statement showing the signature or an indication it was executed is submitted in the continuing application

As stated in the MPEP: For applications filed on or after September 16, 2012, the filing of a continuing application by all or by fewer than all of the inventors named in a prior application without a newly executed oath or declaration is permitted provided that an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement under 37 CFR 1.64, was executed by or with respect to such inventor and was filed in the earlier-filed application, and a copy of such oath, declaration, or substitute statement showing the signature or an indication thereon that it was executed, is submitted in the continuing application.

It’s important to note that the oath or declaration must meet the current requirements, even if the prior application was filed before September 16, 2012.

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

For more information on declaration, visit: declaration.

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

For more information on oath, visit: oath.