Dispatches

2012 Archive

The new oath/declaration exception for continuing applications is probably not available to you under the AIA.

The words of 35 U.S.C. 115(g) and 37 C.F.R. 1.63(d)(1) look like an exception is provided. But only for an oath/declaration that complies with 1.63(a). In other words, a copy of your oath/declaration from your pre-AIA patent application can only be used in a continuing application if the oath/declaration satisfies the new AIA requirements for oaths/declaration.

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Posted by on 11 Nov 2012

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