How does the review process for a reissue oath or declaration work?

The review process for a reissue oath or declaration involves the following steps:

1. The primary examiner personally reviews and decides on the sufficiency of the reissue oath/declaration.
2. If the oath/declaration fails to comply with 37 CFR 1.175(a), the examiner notifies the applicant in an Office action, rejecting the claims under 35 U.S.C. 251.
3. The applicant should submit a replacement reissue oath/declaration addressing the noted defects in reply to the Office action.
4. The examiner carefully reviews the replacement oath/declaration to ensure compliance with all requirements of 37 CFR 1.175.
5. If any requirements are still not met, the examiner may make a rejection of all claims under 35 U.S.C. 251 based on an insufficient reissue oath/declaration.

The MPEP states: The examiner should carefully review the reissue oath/declaration in conjunction with the discussion in MPEP §§ 1414 et seq. in order to ensure that each element is provided in the oath/declaration.

To learn more:

• reissue oath review
• reissue declaration review
• patent examination
• USPTO procedures