What are the essential components of a reissue oath/declaration?

A reissue oath/declaration is a crucial part of a reissue application. According to MPEP 1414, all reissue oaths or declarations must contain the following:

  • A statement of at least one error being relied upon as the basis for reissue
  • A statement that all errors being corrected in the reissue application arose without any deceptive intention on the part of the applicant

The MPEP states: “The question of the sufficiency of the reissue oath/declaration filed under 37 CFR 1.175 must in each case be reviewed and decided personally by the primary examiner.” This emphasizes the importance of the oath/declaration in the reissue process.

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Tags: Patent correction, Patent Error, Reissue Declaration, Reissue Oath