When is a new oath or declaration required in a patent application?

A new oath or declaration is required in a patent application under the following circumstances:

• When filing a continuation or divisional application
• When filing a continuation-in-part application
• To correct inventorship in an application
• When the original oath or declaration was defective

According to MPEP 602.02: ‘A new oath or declaration is required in a continuation or divisional application filed under 37 CFR 1.53(b) or in a continuation-in-part application.’ Additionally, the MPEP states that ‘A new oath or declaration in compliance with 37 CFR 1.63 or 1.67 is required in a continuation or divisional application filed under 37 CFR 1.53(b), regardless of whether a copy of the oath or declaration from the prior application is submitted.’

To learn more:

• oath
• declaration
• continuation application
• divisional application
• continuation-in-part application
• inventorship