How does the review process for a reissue oath or declaration work?

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 review process for a reissue oath or declaration involves the following steps:

1. The primary examiner personally reviews and decides on the sufficiency of the reissue oath/declaration.
2. If the oath/declaration fails to comply with 37 CFR 1.175(a), the examiner notifies the applicant in an Office action, rejecting the claims under 35 U.S.C. 251.
3. The applicant should submit a replacement reissue oath/declaration addressing the noted defects in reply to the Office action.
4. The examiner carefully reviews the replacement oath/declaration to ensure compliance with all requirements of 37 CFR 1.175.
5. If any requirements are still not met, the examiner may make a rejection of all claims under 35 U.S.C. 251 based on an insufficient reissue oath/declaration.

The MPEP states: The examiner should carefully review the reissue oath/declaration in conjunction with the discussion in MPEP §§ 1414 et seq. in order to ensure that each element is provided in the oath/declaration.