How do affidavits or declarations from a prior application apply to a new application?

Affidavits or declarations filed in a prior application do not automatically become part of a new application. As stated in MPEP ¶ 2.03: Affidavits or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132, filed during the prosecution of the prior application do not automatically become a part of this application.

To rely on an earlier-filed affidavit or declaration, the applicant must:

• Make remarks of record in the new application
• Include a copy of the original affidavit or declaration filed in the prior application

For more information on patent prosecution, visit: patent prosecution.

For more information on prior applications, visit: prior applications.