What is the difference in handling affidavits between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d)?

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.

There is a significant difference in how affidavits are handled between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d). According to MPEP ¶ 2.03:

“Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed during the prosecution of the parent nonprovisional application automatically become a part of the 37 CFR 1.53(d) application.”

In summary:

• For 37 CFR 1.53(b) applications: Affidavits from prior applications must be explicitly included and referenced.
• For 37 CFR 1.53(d) applications: Affidavits from the parent nonprovisional application automatically become part of the new application.

For more information on continuation applications, visit: continuation applications.