How should errors be identified in a reissue oath/declaration?
When identifying errors in a reissue oath/declaration, it’s important to be specific. The MPEP 1414 provides guidance on this:
“It is not necessary, however, to point out how (or when) the error arose or occurred. Further, it is not necessary to point out how (or when) the error was discovered. What is needed for the oath/declaration statement as to error is the identification of ‘at least one error’ relied upon.”
For applications filed on or after September 16, 2012, that seek to enlarge the scope of patent claims, the oath or declaration must also identify a claim to be broadened. The MPEP states:
“In specifically identifying the error as required by 37 CFR 1.175(a), it is sufficient that the reissue oath/declaration identify the claim being broadened and a single word, phrase, or expression in the specification or in an original claim, and how it renders the original patent wholly or partly inoperative or invalid.”
It’s important to note that general statements or vague identifications of errors are not sufficient. The error must be clearly and specifically identified to support the reissue application.
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