What is the significance of 37 CFR 1.53(d) applications regarding affidavits and declarations?

Applications filed under 37 CFR 1.53(d) have a unique treatment of affidavits and declarations. 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.”

Key points about 37 CFR 1.53(d) applications:

• They are continuation or divisional applications of a nonprovisional application
• Affidavits and declarations from the parent application are automatically incorporated
• This includes documents submitted under 37 CFR 1.130, 1.131, and 1.132
• No additional action is required to include these documents in the new application

This automatic incorporation simplifies the process for applicants filing continuation or divisional applications under 37 CFR 1.53(d).

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

For more information on patent prosecution, visit: patent prosecution.