When is a supplemental reissue oath/declaration required under pre-AIA 37 CFR 1.175(b)(1)?

For reissue applications filed before September 16, 2012, a supplemental reissue oath/declaration under pre-AIA 37 CFR 1.175(b)(1) is required when:

1. The application is otherwise in condition for allowance;
2. Amendments or other corrections of errors in the patent have been made subsequent to the last oath/declaration filed in the application; and
3. At least one of the amendments or other corrections corrects an error under 35 U.S.C. 251.

The MPEP states: A supplemental oath/declaration under pre-AIA 37 CFR 1.175(b)(1) will be required where: (A) the application is otherwise (other than the need for this supplemental oath/declaration) in condition for allowance; (B) amendments or other corrections of errors in the patent have been made subsequent to the last oath/declaration filed in the application; and (C) at least one of the amendments or other corrections corrects an error under 35 U.S.C. 251.

This supplemental oath/declaration must be submitted before allowance and state that every error arose without any deceptive intention on the part of the applicant.

To learn more:

• supplemental reissue oath
• supplemental reissue declaration
• pre-AIA requirements
• patent correction