What are the requirements for continuation or divisional reissue applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

For continuation or divisional reissue applications, you may use a copy of the inventor’s oath or declaration from the earlier-filed reissue application if certain conditions are met. According to MPEP 1410.01:

For continuation or divisional reissue applications, a copy of the inventor’s oath or declaration from the earlier-filed reissue application may be used, provided that: (1) the inventor, or each joint inventor of a claimed invention, in the reissue application executed an inventor’s oath or declaration for the earlier-filed reissue application, except as provided in 37 CFR 1.64; (2) the continuing reissue application does not seek to enlarge the scope of the claims of the original patent; or (3) the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest.

These provisions are specified in 37 CFR 1.175(f)(1).

Tags: 37 cfr 1.175, continuation reissue application, divisional reissue application, Inventor's Declaration, inventor's oath