How does the oath or declaration requirement differ for divisional applications?

How does the oath or declaration requirement differ for divisional applications?

For divisional applications, the oath or declaration requirement can be simplified under certain conditions. According to MPEP 201.06(c):

“The divisional application may be filed under 37 CFR 1.53(b) using all or part of a copy of the oath or declaration filed in the prior nonprovisional application under 37 CFR 1.63(d), as long as the oath or declaration is still applicable to the subject matter of the divisional application.”

This means that if the original oath or declaration from the parent application still covers the subject matter in the divisional application, it can be reused. However, if new matter is introduced or the inventors change, a new oath or declaration may be required.

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

For more information on oath or declaration, visit: oath or declaration.

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: Divisional application, oath or declaration, patent filing