How does the oath or declaration work in divisional applications?

How does the oath or declaration work in divisional applications?

In divisional applications, the oath or declaration process is simplified to reduce the burden on applicants. According to MPEP 201.06(c):

37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a divisional application filed under 37 CFR 1.53(b) that contains the subject matter described in the prior nonprovisional application, provided a copy of the executed oath or declaration filed in the prior nonprovisional application is submitted.

Key points about the oath or declaration in divisional applications:

• A new oath or declaration is not required if the divisional application contains the same subject matter as the parent application.
• A copy of the executed oath or declaration from the parent application can be submitted.
• The copy must show the USPTO seal or stamp indicating it was received.
• If the inventorship changes, a new oath or declaration may be required.

This provision under 37 CFR 1.63(d) streamlines the filing process for divisional applications while ensuring proper inventorship documentation.

For more information on declaration, visit: declaration.

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

For more information on oath, visit: oath.