What are the requirements for filing a divisional or continuation application without an executed oath or declaration?

The MPEP 201.06(c) outlines the requirements for filing a divisional or continuation application without an executed oath or declaration:

’37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a continuation or divisional application filed by all or by fewer than all of the inventors named in a prior nonprovisional application containing an oath or declaration as required by 37 CFR 1.63, provided that a copy of the executed oath or declaration filed in the prior application is submitted for the continuation or divisional application and the specification and drawings filed in the continuation or divisional application contain no matter that would have been new matter in the prior application.’

To file without a new oath or declaration:

• Submit a copy of the executed oath or declaration from the prior application
• Ensure the new application contains no new matter
• File a copy of the specification and drawings from the prior application

This procedure allows for expedited filing while maintaining the integrity of the oath or declaration requirements.

To learn more:

• divisional application
• continuation application
• oath
• declaration
• 37 CFR 1.63(d)
• new matter

To learn more:

• 37 CFR 1.63(d)