How does the filing date affect the content of a reissue oath/declaration?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance 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.

The content requirements for a reissue oath/declaration can vary based on the filing date of the reissue application. The MPEP 1414 states:

“Much of the required content of a reissue oath or declaration will differ based on the filing date of the reissue application.”

Specifically:

  • For reissue applications filed on or after September 16, 2012, refer to MPEP § 1414.01 for additional requirements.
  • For reissue applications filed before September 16, 2012, refer to MPEP § 1414.02 for additional requirements.
  • For supplemental reissue oaths or declarations in applications filed before September 16, 2012, refer to MPEP § 1414.03.

It’s crucial for applicants to determine which set of requirements applies to their specific reissue application based on its filing date to ensure compliance with the appropriate regulations.

Tags: mpep 1414, patent reissue filing date, reissue declaration requirements, reissue oath requirements