What is the requirement for ‘lack of deceptive intention’ in reissue applications?

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, there was a specific requirement regarding ‘lack of deceptive intention’. The MPEP states:

For reissue applications filed prior to September 16, 2012, both pre-AIA 35 U.S.C. 251 and pre-AIA 37 CFR 1.175 require that the reissue oath or declaration must state that the error arose “without any deceptive intention.”

This requirement was eliminated for applications filed on or after September 16, 2012, as part of the America Invents Act (AIA) amendments to 35 U.S.C. 251. For pre-AIA applications, the examiner was required to determine if the applicant had averred that all errors arose ‘without any deceptive intention’ in the reissue oath or declaration.