What are the options for submitting an inventor’s oath or declaration in a continuing application?

For continuing applications that claim the benefit of an earlier-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c), inventors have several options for submitting the required oath or declaration. According to 37 CFR 1.63(d):

A newly executed oath or declaration under § 1.63, or substitute statement under § 1.64, is not required under §§ 1.51(b)(2) and 1.53(f), or under §§ 1.497 and 1.1021(d), for an inventor in a continuing application that claims the benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) in compliance with § 1.78 of an earlier-filed application, provided that an oath or declaration in compliance with this section, or substitute statement under § 1.64, was executed by or with respect to such inventor and was filed in the earlier-filed application, and a copy of such oath, declaration, or substitute statement showing the signature or an indication thereon that it was executed, is submitted in the continuing application.

This means that for a continuing application:

• A new oath or declaration is not required if a compliant oath, declaration, or substitute statement was filed in the earlier application
• A copy of the previously filed oath, declaration, or substitute statement can be submitted in the continuing application
• The copy must show the signature or an indication that it was executed

However, any new joint inventor named in the continuing application must provide a new oath or declaration.

To learn more:

• continuing application
• inventor’s oath
• inventor’s declaration
• patent application