What are the requirements for a reissue oath or declaration filed on or after September 16, 2012?

For reissue applications filed on or after September 16, 2012, the requirements for a reissue oath or declaration are as follows:

  • It must be executed by the inventor, or if the inventor is deceased, by the current patent owner
  • It must identify an error being corrected
  • It must state that all errors arose without any deceptive intent on the part of the applicant

As stated in MPEP 1414.01: “For reissue applications filed on or after September 16, 2012, the reissue oath or declaration must also comply with 37 CFR 1.63, and must include a statement that the applicant believes the original patent to be wholly or partly inoperative or invalid.”

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Tags: Patent correction, patent reissue, Reissue Declaration, Reissue Oath