What are the requirements for a design reissue oath or declaration?
The requirements for a design reissue oath or declaration are specific and must be carefully followed. According to MPEP 1457:
“The oath or declaration required by 37 CFR 1.175 must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing.”
Additionally, the oath or declaration must:
- Specifically identify at least one error being relied upon as the basis for reissue
- State how the error renders the original patent wholly or partly inoperative or invalid
- Be signed by the inventor(s) or assignee(s) of the entire interest
It’s crucial to ensure that the oath or declaration meets these requirements to avoid potential rejections or delays in the reissue process.
To learn more: