What are the essential requirements for a reissue oath or 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.

According to MPEP 1444, all reissue oaths or declarations must contain the following:

  • A statement that the applicant believes the original patent to be wholly or partly inoperative or invalid due to a defective specification or drawing, or because the patentee claimed more or less than they had the right to claim.
  • A statement of at least one error which is relied upon to support the reissue application.

The MPEP states: Much of the required content of a reissue oath or declaration will differ based on the filing date of the reissue application. However, all reissue oaths or declarations must contain the following: followed by the two points mentioned above.

Tags: Patent correction, patent reissue, Reissue Declaration, Reissue Oath