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…
Read MoreWhen can a substitute statement be used in place of a reissue oath or declaration?
A substitute statement can be used in place of a reissue oath or declaration under certain circumstances. According to MPEP 1414.01: “The patentee, or current patent owner if there has been an assignment, may sign a substitute statement, in accordance with 37 CFR 1.64, on behalf of an inventor who is deceased, legally incapacitated, cannot…
Read MoreWhat 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…
Read MoreWho 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…
Read MoreHow 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…
Read MoreWhat is the difference between a reissue oath and a reissue declaration?
While the terms “reissue oath” and “reissue declaration” are often used interchangeably, there is a technical difference between the two. According to MPEP 1410.01: A reissue oath is a sworn statement made before an officer authorized to administer oaths, such as a notary public. A reissue declaration is a statement made under penalty of perjury,…
Read MoreWhat 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…
Read MoreWhat are the key requirements for a reissue oath or declaration filed before September 16, 2012?
For reissue applications filed before September 16, 2012, the reissue oath or declaration must comply with pre-AIA 37 CFR 1.175 and include the following key elements: A statement that the applicant believes the original patent to be wholly or partly inoperative or invalid, stating at least one error being relied upon as the basis for…
Read MoreWhat are the requirements for a reissue oath or declaration to correct inventorship?
A reissue oath or declaration to correct inventorship must meet the following requirements: State that the applicant believes the original patent to be wholly or partly inoperative or invalid due to an error in inventorship. For applications filed before September 16, 2012, state that the error arose without any deceptive intention on the part of…
Read MoreWhat are the requirements for a reissue oath or declaration filed on or after September 16, 2012?
For reissue applications filed on or after September 16, 2012, the requirements for a reissue oath or declaration are as follows: It must be executed by the inventor, or if the inventor is deceased, by the current patent owner It must identify an error being corrected It must state that all errors arose without any…
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