What is the purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012?

The purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012, is to:

• Identify at least one error in the original patent that serves as the basis for the reissue
• State that all errors being corrected in the reissue application arose without any deceptive intention on the part of the applicant

As stated in MPEP 1414.02:

“The reissue oath/declaration must also state that all errors which are being corrected in the reissue application up to the time of filing of the oath/declaration arose without any deceptive intention on the part of the applicant.”

This requirement ensures that the reissue process is not used to circumvent the patent system or correct errors that were intentionally introduced.

To learn more:

• reissue oath
• reissue declaration
• patent error
• deceptive intention