How is assignee consent handled in divisional reissue applications?
Assignee consent in divisional reissue applications is handled based on the error being corrected. The MPEP states:
A copy of the assignee consent is only acceptable if the divisional reissue application is correcting an error for which consent was previously made.
For example, in a divisional reissue application filed in response to a restriction requirement in the parent reissue:
The assignee need not file a consent to the divided-out invention now being provided in the divisional reissue application if the assignee consent provided covers the error being corrected in the child divisional reissue application.
However, if a new error is being corrected:
Whenever a divisional reissue application is filed with a copy of the assignee consent from the parent reissue application, but with a newly executed reissue oath/declaration, the copy of the assignee consent from the parent reissue application should not be accepted.
In such cases, a new assignee consent specific to the divisional reissue application is required.
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