What happens if errors previously identified in a reissue oath/declaration are no longer relied upon?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The required action differs based on the filing date of the reissue application:

For applications filed on or after September 16, 2012:

A supplemental reissue oath or declaration is not required. However, the applicant must explicitly identify an error being relied upon as the basis for reissue in the remarks accompanying an amendment. The MPEP states: For reissue applications filed on or after September 16, 2012, a supplemental reissue oath or declaration is not required where all errors previously identified in the reissue oath/declaration are no longer being relied upon as the basis for reissue.

For applications filed before September 16, 2012:

A supplemental oath/declaration is needed to identify at least one error now being relied upon as the basis for reissue. The MPEP notes: For reissue applications filed before September 16, 2012, where all errors previously identified in the reissue oath/declaration are no longer being relied upon as the basis for reissue, a supplemental oath/declaration will be needed to identify at least one error now being relied upon as the basis for reissue, even if a prior oath/declaration was earlier found proper by the examiner.