What are the requirements for an oath or declaration in a reissue application?

What are the requirements for an oath or declaration in a reissue application?

In a reissue application, the oath or declaration must comply with specific requirements outlined in MPEP 1414. The MPEP states:

“The reissue oath/declaration must include a statement that the applicant believes the original patent to be wholly or partly inoperative or invalid.”

Additionally, the oath or declaration must:

• Identify at least one error being relied upon as the basis for reissue
• State that all errors being corrected in the reissue application arose without any deceptive intention on the part of the applicant
• Be signed by the inventor(s) or the assignee of the entire interest

It’s important to note that the requirements for a reissue oath or declaration are more stringent than those for a regular patent application due to the nature of reissue proceedings.

To learn more:

• reissue application
• oath
• declaration
• patent error
• inventor signature