[Patentpractice] Am I losing my mind?

[Carl Oppedahl]

I wonder if you are getting the inventor declaration mixed up with the 
certified copy of the priority application.

When you file a CIP or divisional or continuation, you get a free pass 
on having to provide a certified copy of the priority application, if it 
was already provided in the parent case.  The Examiner is required to go 
on a treasure hunt to see whether the certified copy can be found in the 
parent case.

There is no such free pass for inventor declarations.  Why it is 
different for one thing and the other, I don't know.

On 5/21/2024 1:08 PM, Richard Straussman via Patentpractice wrote:
> All,
>
>     I filed a continuation (not a CIP or divisional) off of an allowed 
> parent application.  We did not file a copy of the declaration from 
> the parent application, as I have never done so before.  We have now 
> received a Notice of Missing Parts because no declaration was filed 
> with the application.  I know that we can file it per MPEP 602.05 (and 
> maybe it is better practice to do so), but I am not aware of a 
> requirement in that regard.  Am I wrong?  Or is the PTO entirely off base?
>
>     Thanks in advance!
>
> -- 
> *Richard Straussman**
> * *Senior Counsel*
> * Registered Patent Attorney
> * Member NY, NJ & CT Bars
> *. . . . . . . . . . . . . .*
> *Weitzman Law Offices, LLC*
> *Intellectual Property Law*
> 425 Eagle Rock Avenue, Suite 401 (PLEASE NOTE THE SUITE CHANGE)
> Roseland, NJ 07068
> *direct line* 973.403.9943
> *main* 973.403.9940
> *fax*973.403.9944
> *e-mail*rstraussman at weitzmanip.com
>
> *http://www.weitzmanip.com
> *
>
>
>
>
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