What are common defects in reissue oaths/declarations?

The MPEP 1414 outlines several common defects in reissue oaths/declarations that can lead to rejection. Some of these include:

1. Failure to state that the original patent is wholly or partly inoperative or invalid
2. Failure to identify at least one error which is relied upon to support the reissue application
3. Identifying an error that is not appropriate for reissue
4. In applications seeking to broaden claims, failure to identify a claim to be broadened

The MPEP provides specific form paragraphs for examiners to use when addressing these defects. For example, Form Paragraph 14.01.05 states:

“The reissue oath/declaration filed with this application is defective because it fails to contain the statement(s) required under 37 CFR 1.175 as to applicant’s belief that the original patent is wholly or partly inoperative or invalid.”

It’s crucial for applicants to carefully review the requirements in MPEP 1414 to ensure their reissue oath/declaration is complete and accurate to avoid potential rejections.

To learn more:

• reissue oath defects
• reissue declaration defects
• patent reissue rejection
• MPEP 1414