What is required in a reissue oath or declaration regarding error identification?
A reissue oath or declaration must identify at least one error being relied upon as the basis for reissue. According to 37 CFR 1.175(a):
“The inventor’s oath or declaration for a reissue application… must also specifically identify at least one error pursuant to 35 U.S.C. 251 being relied upon as the basis for reissue and state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than the patentee had the right to claim in the patent.”
Additionally, if the reissue application seeks to broaden the claims, the oath or declaration must identify a claim that the application seeks to broaden. If errors previously identified are no longer being relied upon, the applicant must identify a new error as the basis for reissue.
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