What are the requirements for a reissue oath or declaration filed on or after September 16, 2012?
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.
For reissue applications filed on or after September 16, 2012, the requirements for a reissue oath or declaration are as follows:
- It must be executed by the inventor, or if the inventor is deceased, by the current patent owner
- It must identify an error being corrected
- It must state that all errors arose without any deceptive intent on the part of the applicant
As stated in MPEP 1414.01: “For reissue applications filed on or after September 16, 2012, the reissue oath or declaration must also comply with 37 CFR 1.63, and must include a statement that the applicant believes the original patent to be wholly or partly inoperative or invalid.”