How does the process differ for reissue applications filed before September 16, 2012?

For reissue applications filed before September 16, 2012, there are some key differences in the requirements. According to MPEP 1410.01:

“For reissue applications filed before September 16, 2012, the reissue application must be made by the inventor or the person(s) applying for a patent in place of the inventor as provided in pre-AIA 37 CFR 1.42, 1.43, and 1.47, except that the application for reissue may be made by the assignee of the entire interest if the application does not seek to enlarge the scope of the claims of the original patent.“

Key differences include:

• The reissue oath must be signed and sworn to by all the inventors, with some exceptions.
• The assignee of the entire interest can make the reissue oath or declaration only if the application does not seek to enlarge the scope of the claims.
• Different forms (PTO/SB/51 or PTO/SB/52) are used for the reissue declaration.

To learn more:

• pre-AIA reissue application
• reissue oath
• reissue declaration
• assignee rights
• claim scope