How does the reissue oath/declaration differ for broadening vs. narrowing reissues?
The reissue oath/declaration requirements differ slightly for broadening and narrowing reissues. According to MPEP 1414:
“For broadening reissue applications, the reissue oath/declaration must identify a claim that the application seeks to broaden. A general statement, e.g., that all claims are broadened, is not sufficient to satisfy this requirement.”
For broadening reissues:
- Identify at least one error being corrected
- Specify a claim that is being broadened
- Explain how it is being broadened
For narrowing reissues:
- Identify at least one error being corrected
- Explain how the claims are being narrowed to correct the error
Both types must state that all errors being corrected in the reissue application arose without any deceptive intention on the part of the applicant.
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