How is assignee consent handled in divisional reissue applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Assignee consent in divisional reissue applications is handled based on the error being corrected. The MPEP states:

A copy of the assignee consent is only acceptable if the divisional reissue application is correcting an error for which consent was previously made.

For example, in a divisional reissue application filed in response to a restriction requirement in the parent reissue:

The assignee need not file a consent to the divided-out invention now being provided in the divisional reissue application if the assignee consent provided covers the error being corrected in the child divisional reissue application.

However, if a new error is being corrected:

Whenever a divisional reissue application is filed with a copy of the assignee consent from the parent reissue application, but with a newly executed reissue oath/declaration, the copy of the assignee consent from the parent reissue application should not be accepted.

In such cases, a new assignee consent specific to the divisional reissue application is required.