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.
37 CFR 1.63(d) provides a simplified process for submitting an oath or declaration in a divisional application. The MPEP states:
’37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a continuation or divisional application filed by all or by fewer than all of the inventors named in a prior nonprovisional application containing a signed oath or declaration.’
This means that if the divisional application is filed by the same inventor(s) as the parent application, and there’s no new matter added, the oath or declaration from the parent application can be used for the divisional application. This simplifies the filing process and reduces paperwork.
For more information on continuation application, visit: continuation application.
For more information on Divisional application, visit: Divisional application.
For more information on oath or declaration, visit: oath or declaration.