How does the “without deceptive intention” requirement apply to reissue applications 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, the applicant must include a statement in the reissue oath or declaration that all errors being corrected arose without any deceptive intention. The MPEP provides a suggested statement to satisfy this requirement:

“All errors corrected in the present reissue application up to the time of signing of this oath/declaration, or errors which are being corrected by a paper filed concurrently with this oath/declaration which correction of errors I/we have reviewed, arose without any deceptive intention on the part of the applicant.”

It’s important to note that:

• The examiner will only determine if the required averment is present, not comment on whether there was actual deceptive intention.
• The oath/declaration is not effective for errors corrected after its execution unless it’s clear that the executing parties were aware of the nature of the correction.
• An early-dated oath/declaration cannot be filed after a later correction to cover that correction.

If the required statement is missing, the examiner may use Form Paragraph 14.01.04.fti to indicate that the oath/declaration is defective.