This page consolidates MPEP guidance interpreting 37 CFR § 1.172, including 51 rules 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.

Summary

The Reissue applicant must ensure that the reissue oath is signed and sworn to by all inventors, except as otherwise provided in pre-AIA rules.

What this section covers

• This section covers the requirement for all inventors to sign a reissue oath or declaration.
• The core topic is ensuring that the reissue oath or declaration is signed by all inventors, with exceptions as specified in pre-AIA rules.

Key obligations

• All inventors must sign and swear to the reissue oath or declaration.
• Exceptions apply for inventors who are no longer involved in the reissue process.
• Adherence to 37 CFR 1.172 is required for compliance.

Practice notes

• Ensure all inventors are identified and their signatures are included in the reissue oath or declaration.
• Be aware of missing signatures from inventors who are no longer involved in the reissue process.

Related Provisions

• 37 CFR § 3.73
• 35 U.S.C. § 251
• 35 U.S.C. § 118
• 37 CFR § 1.42
• 37 CFR § 1.47

Based on MPEP Last Modified: 10/30/2024 08:50:22