What are the essential components of a reissue oath/declaration?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
A reissue oath/declaration is a crucial part of a reissue application. According to MPEP 1414, all reissue oaths or declarations must contain the following:
- A statement of at least one error being relied upon as the basis for reissue
- A statement that all errors being corrected in the reissue application arose without any deceptive intention on the part of the applicant
The MPEP states: “The question of the sufficiency of the reissue oath/declaration filed under 37 CFR 1.175 must in each case be reviewed and decided personally by the primary examiner.” This emphasizes the importance of the oath/declaration in the reissue process.