How were applications with pre-AIA 37 CFR 1.47 status handled in continuation or divisional filings?

Applications with pre-AIA 37 CFR 1.47 status were given special consideration in continuation or divisional filings. The MPEP states:

“A continuation or divisional application of a prior application accorded status under pre-AIA 37 CFR 1.47 will be accorded status under pre-AIA 37 CFR 1.47 if a copy of the decision according pre-AIA 37 CFR 1.47 status in the prior application is filed in the continuation or divisional application, unless an oath or declaration signed by all of the inventors is included upon filing the continuation or divisional application.”

This means that the special status could be carried over to the new application by submitting a copy of the previous decision, unless a complete oath or declaration was provided.

To learn more:

• pre-AIA 37 CFR 1.47
• continuation application
• divisional application
• patent status

To learn more:

• pre-AIA 37 CFR 1.47