How does the “without deceptive intention” requirement apply to reissue applications filed before September 16, 2012?

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…

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What is the significance of the “at least one error” requirement in a reissue oath or declaration?

The “at least one error” requirement in a reissue oath or declaration is crucial for initiating the reissue process. MPEP 1414 states: “The reissue oath or declaration must also specifically identify at least one error being relied upon as the basis for reissue.” This requirement serves several important purposes: It establishes the legal basis for…

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Who can sign a reissue declaration for applications that seek to enlarge the scope of claims?

For reissue applications that seek to enlarge the scope of claims (broadening reissue), the following parties can sign the reissue declaration: The inventor or joint inventors The patentee or current patent owner (if there has been an assignment) can sign a substitute statement in certain circumstances It’s important to note that the assignee cannot sign…

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How are reissue oaths/declarations handled in continuation reissue applications?

The handling of reissue oaths/declarations in continuation reissue applications depends on whether the application was filed before or after September 16, 2012, and whether the oath/declaration covers the error being corrected. The MPEP provides guidance: For applications filed on or after September 16, 2012: If the copy of the oath or declaration from the parent…

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What are the requirements for a reissue oath or declaration in applications filed on or after September 16, 2012?

For reissue applications filed on or after September 16, 2012, the inventor’s oath or declaration must comply with the following requirements: Comply with 37 CFR 1.63, 1.64, or 1.67 Identify at least one error being relied upon as the basis for reissue State that the applicant believes the original patent to be wholly or partly…

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