MPEP 602.05(a)
Oath or Declaration in Continuing Applications Filed On or After September 16, 2012

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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602.05(a)    Oath or Declaration in Continuing Applications Filed On or After September 16, 2012 [R-07.2015]

[Editor Note: See MPEP § 602.05(b) for information regarding oath or declaration in a continuing application filed before September 16, 2012.]

For applications filed on or after September 16, 2012, a continuing application, including a continuation-in-part application, may be filed with a copy of an oath or declaration or substitute statement from the prior nonprovisional application, provided that the oath or declaration is in compliance with 37 CFR 1.63 or the substitute statement is in compliance with 37 CFR 1.64. See 37 CFR 1.63(d)(1). It should be noted that a copy of the inventor’s oath or declaration submitted in a continuing application filed on or after September 16, 2012 must comply with requirements of 35 U.S.C. 115 and 37 CFR 1.63 or 1.64 in effect for applications filed on or after September 16, 2012. For example, the inventor’s oath or declaration must include a statement that the application was made or was authorized to be made by the person executing the oath or declaration. Accordingly, a new inventor’s oath or declaration may need to be filed in a continuing application filed on or after September 16, 2012, where the prior application was filed before September 16, 2012, in order to meet the requirements of 35 U.S.C. 115 and 37 CFR 1.63 (or 1.64 ) in effect for applications filed on or after September 16, 2012.

For continuing applications filed on or after September 16, 2012 under 37 CFR 1.53(b), the inventorship is the inventor or joint inventors specified in the application data sheet filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If an application data sheet is not filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is the inventorship set forth in the copy of the inventor’s oath or declaration from the earlier-filed application, unless it is accompanied by a signed statement pursuant to 37 CFR 1.33(b) that states the name of each inventor in the continuing application. See 37 CFR 1.63(d)(2). Any new joint inventor named in the continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64. See 37 CFR 1.63(d)(3).