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

For reissue applications filed on or after September 16, 2012, the inventor’s oath or declaration must comply with the following requirements:

  • Comply with 37 CFR 1.63, 1.64, or 1.67
  • Identify at least one error being relied upon as the basis for reissue
  • State that the applicant believes the original patent to be wholly or partly inoperative or invalid
  • Include a statement that the person executing the oath or declaration believes the named inventor or joint inventor to be the original inventor
  • State that the application was made or authorized to be made by the person executing the oath or declaration

As stated in MPEP 1414.01: “The inventor’s oath or declaration for a reissue application must comply with the requirements of 37 CFR 1.63, 1.64, or 1.67.”

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Tags: inventor's oath, patent law, Reissue Declaration, Reissue Oath