How does the “without deceptive intention” requirement apply to reissue applications filed before September 16, 2012?

For reissue applications filed before September 16, 2012, the applicant must include a statement in the reissue oath or declaration that all errors being corrected arose without any deceptive intention. The MPEP provides a suggested statement to satisfy this requirement:

“All errors corrected in the present reissue application up to the time of signing of this oath/declaration, or errors which are being corrected by a paper filed concurrently with this oath/declaration which correction of errors I/we have reviewed, arose without any deceptive intention on the part of the applicant.”

It’s important to note that:

• The examiner will only determine if the required averment is present, not comment on whether there was actual deceptive intention.
• The oath/declaration is not effective for errors corrected after its execution unless it’s clear that the executing parties were aware of the nature of the correction.
• An early-dated oath/declaration cannot be filed after a later correction to cover that correction.

If the required statement is missing, the examiner may use Form Paragraph 14.01.04.fti to indicate that the oath/declaration is defective.

To learn more:

• without deceptive intention
• reissue oath
• reissue declaration
• pre-AIA
• patent correction