What is the role of a supplemental oath or declaration in a reissue application?

A supplemental oath or declaration in a reissue application serves to address any deficiencies or changes that occur during the prosecution of the reissue application. According to MPEP 1414.01:

“Where the specification and claims of a reissue application have been amended, a supplemental reissue oath/declaration may be required, unless the amendments are only to correct formal matters that do not change the scope of the claims.”

A supplemental oath or declaration may be necessary in the following situations:

• When the error being corrected is not covered by the initial oath or declaration
• When substantive changes are made to the specification or claims
• To address any new errors discovered during the reissue prosecution

It’s important to note that the supplemental oath or declaration must be signed by the inventor(s) or the current patent owner if the inventor is deceased or legally incapacitated.

To learn more:

• supplemental oath
• supplemental declaration
• reissue application
• patent correction