What are the requirements for a supplemental oath or declaration in a reissue application filed before September 16, 2012?

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.

For reissue applications filed before September 16, 2012, a supplemental oath or declaration may be required under certain circumstances:

1. For errors corrected that are not covered by the original oath or declaration, a supplemental oath or declaration must state that every such error arose without any deceptive intention on the part of the applicant.
2. The supplemental oath or declaration must be submitted before allowance and may be submitted:
   • With any amendment prior to allowance, or
   • To overcome a rejection under 35 U.S.C. 251 made by the examiner.
3. For errors sought to be corrected after allowance, a supplemental oath or declaration must accompany the requested correction, stating that the error(s) arose without any deceptive intention.

The MPEP states: “For any error corrected, which is not covered by the oath or declaration submitted under paragraph (a) of this section, applicant must submit a supplemental oath or declaration stating that every such error arose without any deceptive intention on the part of the applicant.”

It’s important to note that once an error has been stated as the basis for reissue, subsequent oaths or declarations need not specifically identify any other errors being corrected, unless all previously stated errors are no longer being corrected.