What are the requirements for a reissue oath or declaration to correct inventorship?

A reissue oath or declaration to correct inventorship must meet the following requirements:

• State that the applicant believes the original patent to be wholly or partly inoperative or invalid due to an error in inventorship.
• For applications filed before September 16, 2012, state that the error arose without any deceptive intention on the part of the applicant.
• Comply with 37 CFR 1.63, 1.64, or 1.67 if the reissue application is filed on or after September 16, 2012.
• Comply with pre-AIA 37 CFR 1.63 if filed before September 16, 2012.

The MPEP states: “The reissue oath or declaration must, as stated in 37 CFR 1.175, also comply with one of 37 CFR 1.63, 1.64, or 1.67 if the reissue application is filed on or after September 16, 2012, or comply with pre-AIA 37 CFR 1.63 if filed before September 16, 2012.”

To learn more:

• reissue oath
• reissue declaration
• inventorship correction
• patent correction
• 37 CFR 1.175