What forms can be used to prepare a declaration in a reissue application filed before September 16, 2012?

For reissue applications filed before September 16, 2012, the MPEP suggests two specific forms that may be used to prepare a declaration:

1. Form PTO/SB/51: Reissue Application Declaration By The Inventor
2. Form PTO/SB/52: Reissue Application Declaration By The Assignee

The choice between these forms depends on whether the declaration is being made by the inventor or the assignee. As stated in the MPEP: “Depending on the circumstances, either form PTO/SB/51, Reissue Application Declaration By The Inventor, or form PTO/SB/52, Reissue Application Declaration By The Assignee, may be used to prepare a declaration in a reissue application.”

It’s important to note that while these forms are recommended, they are not mandatory. The key requirement is that the declaration contains all the necessary elements as specified in pre-AIA 37 CFR 1.175 and pre-AIA 37 CFR 1.63, regardless of the exact form used.

To learn more:

• reissue declaration forms
• PTO/SB/51
• PTO/SB/52
• reissue application
• pre-AIA