What are the requirements for continuation or divisional reissue applications?
For continuation or divisional reissue applications, you may use a copy of the inventor’s oath or declaration from the earlier-filed reissue application if certain conditions are met. According to MPEP 1410.01:
“For continuation or divisional reissue applications, a copy of the inventor’s oath or declaration from the earlier-filed reissue application may be used, provided that: (1) the inventor, or each joint inventor of a claimed invention, in the reissue application executed an inventor’s oath or declaration for the earlier-filed reissue application, except as provided in 37 CFR 1.64; (2) the continuing reissue application does not seek to enlarge the scope of the claims of the original patent; or (3) the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest.“
These provisions are specified in 37 CFR 1.175(f)(1).
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