How does the examiner handle defective reissue oath or declaration?

How does the examiner handle defective reissue oath or declaration?

When examining a reissue application, the examiner must carefully review the reissue oath or declaration. If it is found to be defective, the examiner should take specific actions as outlined in MPEP 1440:

“Where the reissue oath/declaration is defective, a rejection under 35 U.S.C. 251 must be made. An examiner should reject the claims of the reissue application under 35 U.S.C. 251 as being based on a defective reissue oath/declaration.”

The examiner’s actions include:

  • Rejecting the claims under 35 U.S.C. 251
  • Explaining the nature of the defect in the oath/declaration
  • Providing guidance on how to correct the defect
  • Allowing the applicant to submit a new oath/declaration to overcome the rejection

It’s important to note that the applicant has the opportunity to correct the defective oath/declaration during prosecution, and the examiner should provide clear instructions on how to do so.

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Tags: Defective Declaration, Defective Oath, patent examination, reissue application