What are the requirements for filing a continuation or divisional application before September 16, 2012?

For continuation or divisional applications filed before September 16, 2012 under 37 CFR 1.53(b) (excluding continuation-in-part applications), applicants could file using a copy of the oath or declaration from the prior nonprovisional application. This is supported by the MPEP, which states:

“A continuation or divisional application filed before September 16, 2012 under 37 CFR 1.53(b) (other than a continuation-in-part (CIP)) may be filed with a copy of the oath or declaration from the prior nonprovisional application.”

This provision simplified the filing process for certain types of continuing applications by allowing the use of previously submitted documents.

To learn more:

• continuation application
• divisional application
• oath
• declaration
• patent filing