What is the significance of the “at least one error” requirement in a reissue oath or declaration?

The “at least one error” requirement in a reissue oath or declaration is crucial for initiating the reissue process. MPEP 1414 states:

“The reissue oath or declaration must also specifically identify at least one error being relied upon as the basis for reissue.”

This requirement serves several important purposes:

• It establishes the legal basis for the reissue application.
• It ensures that the reissue is not being sought frivolously or without a valid reason.
• It helps the USPTO examiner focus on the specific issues that need to be addressed during the reissue examination process.

The error identified must be one that causes the patent to be wholly or partly inoperative or invalid. It’s important to note that the error does not need to be the only error in the patent, but at least one must be specifically identified and explained in the oath or declaration.

To learn more:

• reissue oath
• reissue declaration
• error requirement
• patent correction