What happens if errors previously identified in a reissue oath/declaration are no longer relied upon?

The required action differs based on the filing date of the reissue application: For applications filed on or after September 16, 2012: A supplemental reissue oath or declaration is not required. However, the applicant must explicitly identify an error being relied upon as the basis for reissue in the remarks accompanying an amendment. The MPEP…

Read More

Can a reissue oath or declaration be signed by the executor of a deceased inventor’s estate?

Yes, a reissue oath or declaration can be signed by the executor of a deceased inventor’s estate under certain circumstances. According to MPEP 1414: “Where an executor or administrator has been appointed, that executor or administrator must make the oath or declaration on behalf of a deceased inventor. Where a reissue application is filed on…

Read More

What are the requirements for a reissue oath or declaration in a broadening reissue application?

For a broadening reissue application, the reissue oath or declaration must meet specific requirements. According to MPEP 1410.01: “A broadening reissue application must be applied for by all of the inventors (patentees), that is, the original reissue oath or declaration must be signed by all of the inventors.” Additionally, the oath or declaration must: Identify…

Read More

Can a reissue application be used to correct inventorship?

Yes, a reissue application can be used to correct inventorship. The MPEP 201.05 states: ‘A reissue application may also be filed to correct inventorship in the patent. The reissue oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of the incorrect inventorship.’…

Read More