37 CFR § 1.175 — Inventor’s oath or declaration for a reissue (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.175 Inventor’s oath or declaration for a reissue
This page consolidates MPEP guidance interpreting 37 CFR § 1.175, including 138 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 inventor's oath or declaration for a reissue is a mandatory procedural document that formally verifies the inventor's claims and ensures compliance with USPTO regulations for patent correction.
What this section covers
- Mandatory documentation requirements for a reissue patent application's inventor's declaration.
- Specific legal and procedural requirements for executing a reissue oath or declaration.
Key obligations
- Ensure the reissue oath complies with both standard patent oath requirements and specific reissue declaration regulations.
- Verify that the declaration includes comprehensive statements about inventorship and patent correction.
- Confirm the inventor's understanding and explicit authorization of the proposed reissue application changes.
Practice notes
- Meticulously review the reissue oath to ensure complete compliance with all technical and legal requirements before submission.
- Be prepared to provide supplemental documentation or clarification if the initial declaration is deemed insufficient by the patent examiner.
Official MPEP § 1.175 — Inventor’s oath or declaration for a reissue
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.175 Inventor’s oath or declaration for a reissue application.
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111 , 363 , or 385 on or after September 16, 2012 *]
- (a) The inventor’s oath or declaration for a reissue application, in addition to complying with the requirements of § 1.63 , § 1.64 , or § 1.67 , must also specifically identify at least one error pursuant to 35 U.S.C. 251 being relied upon as the basis for reissue and state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than the patentee had the right to claim in the patent.
- (b) If the reissue application seeks to enlarge the scope of the claims of the patent (a basis for the reissue is the patentee claiming less than the patentee had the right to claim in the patent), the inventor’s oath or declaration for a reissue application must identify a claim that the application seeks to broaden. A claim is a broadened claim if the claim is broadened in any respect.
- (c) The inventor, or each individual who is a
joint inventor of a claimed invention, in a reissue application
must execute an oath or declaration for the reissue application,
except as provided for in §
1.64
, and
except that the inventor’s oath or declaration for a reissue
application may be signed by the assignee of the entire interest
if:
- (1) The application does not seek to enlarge the scope of the claims of the original patent; or
- (2) The application for the original patent was filed under § 1.46 by the assignee of the entire interest.
- (d) If errors previously identified in the inventor’s oath or declaration for a reissue application pursuant to paragraph (a) of this section are no longer being relied upon as the basis for reissue, the applicant must identify an error being relied upon as the basis for reissue.
- (e) The inventor’s oath or declaration for a reissue application required by paragraph (a) of this section may be submitted under the provisions of § 1.53(f) , except that the provisions of § 1.53(f)(3) do not apply to a reissue application.
- (f)
- (1) The requirement for the inventor’s
oath or declaration for a continuing reissue application that
claims the benefit under
35
U.S.C. 120
,
121
,
365(c)
, or
386(c)
in compliance with §
1.78
of
an earlier-filed reissue application may be satisfied by a
copy of the inventor’s oath or declaration from the
earlier-filed reissue application, provided that:
- (i) The inventor, or each individual who is a joint inventor of a claimed invention, in the reissue application executed an inventor’s oath or declaration for the earlier-filed reissue application, except as provided for in § 1.64 ;
- (ii) The continuing reissue application does not seek to enlarge the scope of the claims of the original patent; or
- (iii) The application for the original patent was filed under § 1.46 by the assignee of the entire interest.
- (2) If all errors identified in the inventor’s oath or declaration from the earlier-filed reissue application are no longer being relied upon as the basis for reissue, the applicant must identify an error being relied upon as the basis for reissue.
- (1) The requirement for the inventor’s
oath or declaration for a continuing reissue application that
claims the benefit under
35
U.S.C. 120
,
121
,
365(c)
, or
386(c)
in compliance with §
1.78
of
an earlier-filed reissue application may be satisfied by a
copy of the inventor’s oath or declaration from the
earlier-filed reissue application, provided that:
- (g) An oath or declaration filed at any time pursuant to 35 U.S.C. 115(h)(1) , will be placed in the file record of the reissue application, but may not necessarily be reviewed by the Office.
[24 FR 10332, Dec. 22, 1959; 29 FR 18503, Dec. 29, 1964; 34 FR 18857, Nov. 26, 1969; para. (a), 47 FR 21752, May 19, 1982, effective July 1,1982; para. (a), 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; para. (a)(7), 57 FR 2021, Jan. 17, 1992, effective Mar. 16, 1992; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (e) added, 69 FR 56481, Sept. 21, 2004, effective Oct. 21, 2004; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (f)(1) introductory text revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
[ *The changes effective Sept. 16, 2012 and May 13, 2015 are applicable only to patent applications filed under 35 U.S.C. 111 , 363 , or 385 on or after September 16, 2012. See § 1.175 (pre‑AIA) for the rule otherwise in effect.]
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