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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Reissue Oath or Declaration MPEP 1414 Requirement for Reissue Oath or Declaration MPEP 1414 Reissue Oath/Declaration Must Identify Specific Error MPEP 1414 Required Form Paragraph for Reissue Oath/Declaration Required MPEP 1414 Required Oath/Declaration for Reissue Application Must Contain Specific Elements MPEP 1414 Required Only One Error Required for Reissue MPEP 1414 Reissue Oath/Declaration Must Be Filed With Application MPEP 1414 Required Error Must Be Stated for Reissue Support MPEP 1414 Oath/Declaration Must State Belief in Inoperativeness or Invalidity MPEP 1414 Required Requirement for Statement That Patent is Inoperative or Invalid MPEP 1414 Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? Can an inventor authorize someone else to sign the applicati...