What forms are used for reissue application declarations?
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.
The forms used for reissue application declarations depend on when the application was filed and who is making the declaration. According to MPEP 1410.01:
For applications filed on or after September 16, 2012:
- Form PTO/AIA/05: Reissue Application Declaration by the Inventor
- Form PTO/AIA/06: Reissue Application Declaration by the Assignee
For applications filed before September 16, 2012:
- Form PTO/SB/51: Reissue Application Declaration by the Inventor
- Form PTO/SB/52: Reissue Application Declaration by the Assignee
The MPEP states: “Depending on the circumstances, either Form PTO/AIA/05, Reissue Application Declaration by the Inventor, or Form PTO/AIA/06, Reissue Application Declaration by the Assignee, may be used to prepare a declaration in a reissue application.“
These forms and additional information on the content of reissue oaths or declarations can be found in MPEP § 1414.