What are the requirements for the oath or declaration in a broadening reissue application?
The requirements for the oath or declaration in a broadening reissue application depend on when the application was filed:
- For applications filed on or after September 16, 2012: The original reissue oath or declaration must be signed by all inventors, unless the original patent application was filed under 37 CFR 1.46 by the assignee of the entire interest. The MPEP states:
Any reissue application filed on or after September 16, 2012 must be applied for by all of the patentees. However, in a broadening reissue application filed on or after September 16, 2012, the original reissue oath or declaration must be signed by all of the inventors, unless the application for the patent (for which reissue is requested) was filed under 37 CFR 1.46 by the assignee of the entire interest.
- For applications filed before September 16, 2012: The original reissue oath or declaration must be signed by all inventors. The MPEP states:
A broadening reissue application filed before September 16, 2012 must be applied for by all of the inventors (patentees), that is, the original reissue oath or declaration must be signed by all of the inventors.
Additionally, for any broadening reissue application filed on or after September 16, 2012, the inventor’s oath or declaration must identify a specific claim that the application seeks to broaden.
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