When can an assignee sign the reissue oath or declaration?

An assignee of the entire interest can sign the reissue oath or declaration in two specific scenarios:

1. When the reissue application does not seek to enlarge the scope of the claims of the original patent.
2. When the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest.

This is explicitly stated in MPEP 1410.01: “The inventor’s oath or declaration may be signed by the assignee of the entire interest if (a) the reissue application does not seek to enlarge the scope of the claims of the original patent (37 CFR 1.175(c)(1)), or (b) the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest (37 CFR 1.175(c)(2)).“

To learn more:

• reissue oath
• reissue declaration
• assignee signature
• claim scope
• 37 CFR 1.46