When is a supplemental reissue oath/declaration required under pre-AIA 37 CFR 1.175(b)(1)?

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 reissue oath/declaration under pre-AIA 37 CFR 1.175(b)(1) is required when:

1. The application is otherwise in condition for allowance;
2. Amendments or other corrections of errors in the patent have been made subsequent to the last oath/declaration filed in the application; and
3. At least one of the amendments or other corrections corrects an error under 35 U.S.C. 251.

The MPEP states: A supplemental oath/declaration under pre-AIA 37 CFR 1.175(b)(1) will be required where: (A) the application is otherwise (other than the need for this supplemental oath/declaration) in condition for allowance; (B) amendments or other corrections of errors in the patent have been made subsequent to the last oath/declaration filed in the application; and (C) at least one of the amendments or other corrections corrects an error under 35 U.S.C. 251.

This supplemental oath/declaration must be submitted before allowance and state that every error arose without any deceptive intention on the part of the applicant.