What are the key requirements for a reissue oath or declaration filed before September 16, 2012?
For reissue applications filed before September 16, 2012, the reissue oath or declaration must comply with pre-AIA 37 CFR 1.175 and include the following key elements:
- A statement that the applicant believes the original patent to be wholly or partly inoperative or invalid, stating at least one error being relied upon as the basis for reissue.
- A declaration that all errors being corrected arose without any deceptive intention on the part of the applicant.
- Compliance with the requirements of pre-AIA 37 CFR 1.63, including averments about reviewing and understanding the specification, believing the named inventors to be the original and first inventors, and acknowledging the duty to disclose material information.
As stated in the MPEP: “The reissue oath or declaration in addition to complying with the requirements of § 1.63, must also state that: (1) The applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than the patentee had the right to claim in the patent, stating at least one error being relied upon as the basis for reissue; and (2) All errors being corrected in the reissue application up to the time of filing of the oath or declaration under this paragraph arose without any deceptive intention on the part of the applicant.”
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