Can a reissue oath/declaration be signed by someone other than the inventor?
Yes, in certain circumstances, a reissue oath/declaration can be signed by someone other than the inventor. MPEP 1414 outlines these situations:
“For applications filed on or after September 16, 2012, if an inventor is deceased, under legal incapacity, or cannot be found or reached after diligent effort, an applicant under 37 CFR 1.43, 1.45 or 1.46 may execute the reissue oath/declaration.”
The following parties may sign the reissue oath/declaration:
- The inventor’s legal representative (for deceased or legally incapacitated inventors)
- The assignee
- A party with sufficient proprietary interest in the patent
In these cases, the oath/declaration must:
- Identify the person executing the oath/declaration
- State their relationship to the inventor
- Explain why the inventor is not available to sign
- State that the person executing believes the named inventor to be the original inventor
It’s important to note that the requirements may differ based on the filing date of the original patent application. Always consult the most current version of the MPEP for specific guidance.
To learn more: