What is the role of the Office of Patent Application Processing (OPAP) in reviewing reissue oaths/declarations filed before September 16, 2012?

For reissue applications filed before September 16, 2012, the Office of Patent Application Processing (OPAP) plays a crucial role in reviewing the reissue oath/declaration. Specifically:

• OPAP is responsible for reviewing the reissue oath/declaration for compliance with pre-AIA 37 CFR 1.63.
• This initial review by OPAP means that the examiner is not required to perform this specific review.

As stated in the MPEP: “The Office of Patent Application Processing (OPAP) should review the reissue oath/declaration for compliance with pre-AIA 37 CFR 1.63; thus, the examiner is not required to do such review.”

However, it’s important to note that while OPAP performs this initial review, the examiner still has responsibilities regarding the oath/declaration, such as ensuring it contains the required averments specific to reissue applications under pre-AIA 37 CFR 1.175.

To learn more:

• OPAP
• reissue oath
• reissue declaration
• pre-AIA
• patent application processing