What is the difference between a reissue oath and a reissue declaration?
While the terms “reissue oath” and “reissue declaration” are often used interchangeably, there is a technical difference between the two. According to MPEP 1410.01:
- A reissue oath is a sworn statement made before an officer authorized to administer oaths, such as a notary public.
- A reissue declaration is a statement made under penalty of perjury, which does not require notarization.
The MPEP states:
“A reissue oath must be sworn to by the applicant. A reissue declaration may be made on the basis of the permissive language of 35 U.S.C. 25 and 37 CFR 1.68, and need not be sworn to by the applicant.”
In practice, both serve the same purpose of stating the reasons for the reissue and identifying at least one error in the original patent. The choice between an oath and a declaration is often a matter of convenience, with declarations being more commonly used due to the simpler execution process.
To learn more: