MPEP Q & A 209: Submission of an Oath or Declaration From a Prior Application

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Question:

Does a copy of an oath or declaration from a prior application need to be submitted with a continuation or divisional application, or with a continuation-in-part application filed on or after September 16, 2012 even if the oath or declaration identifies the application number of the prior application?

Answer:

Yes, a copy of an oath or declaration from a prior application may be submitted with a continuation or divisional application, or with a continuation-in-part application filed on or after September 16, 2012, even if the oath or declaration identifies the application number of the prior application.

However, if such a copy of the oath or declaration is filed after the filing date of the continuation or divisional application and an application number has been assigned to the continuation or divisional application, the cover letter accompanying the oath or declaration should identify the application number of the continuation or divisional application. The cover letter should also indicate that the oath or declaration submitted is a copy of the oath or declaration from a prior application to avoid the oath or declaration being incorrectly matched with the prior application file. Furthermore, applicant should also label the copy of the oath or declaration with the application number of the continuation or divisional application in the event that the cover letter is separated from the copy of the oath or declaration.

Chapter Details:

The answer to this question can be found in chapter 200 of the MPEP. This chapter covers Types and Status of Application; Benefit and Priority Claims.

The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 201.06(c) of the MPEP.  The following is a brief summary of section 201.06(c).

201.06(c) 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure

This section lays out details of 37 C.F.R. 1.53(b) including application types filed under the statute and the requirements for completeness. There are differences in the requirements for applications filed under 37 C.F.R. 1.53(b) before and after 9/16/12. These differences are discussed as well as details of the oath or declaration along with the specification and drawings.

In addition, this section covers incorporating by reference the prior application, inventorship, substitute statements, changing the attorney correspondence address, small entity or microentity status, copies of affidavits, extensions of time, abandonment of the prior nonprovisional application and examination.