What is the procedure for filing a continuation or divisional application without a new oath or declaration?

What is the procedure for filing a continuation or divisional application without a new oath or declaration?

When filing a continuation or divisional application, a new oath or declaration is not always required. According to MPEP 602.05, the following procedure can be followed:

1. File a copy of the oath or declaration from the prior application.
2. Include a statement requesting the filing of the continuation or divisional application without a newly executed oath or declaration.
3. Pay the filing fee for the continuation or divisional application.

The MPEP states: ‘The applicant may file a continuation or divisional application by filing a copy of the oath or declaration from the prior application, accompanied by a statement requesting the filing of the continuation or divisional application without a newly executed oath or declaration and payment of the filing fee.’

This procedure simplifies the filing process for certain types of continuing applications, reducing paperwork and potentially saving time for applicants.

To learn more:

• continuation application
• divisional application
• oath
• declaration
• filing procedure