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 this oath/declaration, or errors which are being corrected by a paper filed concurrently with this oath/declaration which correction of errors I/we have reviewed, arose without any deceptive intention on the part of the applicant.”
It’s important to note that:
- The examiner will only determine if the required averment is present, not comment on whether there was actual deceptive intention.
- The oath/declaration is not effective for errors corrected after its execution unless it’s clear that the executing parties were aware of the nature of the correction.
- An early-dated oath/declaration cannot be filed after a later correction to cover that correction.
If the required statement is missing, the examiner may use Form Paragraph 14.01.04.fti to indicate that the oath/declaration is defective.
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