What are the requirements for a reissue oath or declaration in a broadening reissue application?
For a broadening reissue application, the reissue oath or declaration must meet specific requirements. According to MPEP 1410.01:
“A broadening reissue application must be applied for by all of the inventors (patentees), that is, the original reissue oath or declaration must be signed by all of the inventors.”
Additionally, the oath or declaration must:
- Identify at least one error being relied upon as the basis for reissue
- State that the applicant believes the original patent to be wholly or partly inoperative or invalid
- Specify that the error causes the patent to be invalid or inoperative
- Explain how and why the error renders the original patent wholly or partly inoperative or invalid
It’s important to note that all inventors must sign the oath or declaration for a broadening reissue, even if some inventors are no longer involved in the application process.
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