Can the submission of an inventor’s oath or declaration be delayed in a reissue application?
No, the submission of an inventor’s oath or declaration cannot be delayed in a reissue application. According to MPEP 1414.01:
“Unlike in non-reissue, non-provisional patent applications, submission of the inventor’s oath or declaration in a reissue application cannot be delayed until payment of the issue fee. The application must contain the inventor’s oath or declaration executed by or with respect to each inventor before the case can be released for examination.”
This requirement is further supported by 37 CFR 1.175(e), which states that the provisions of 37 CFR 1.53(f)(3) do not apply to reissue applications. This means that the option to delay submission of the inventor’s oath or declaration until the application is otherwise in condition for allowance is not available for reissue applications.
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