What forms can be used to prepare a declaration in a reissue application filed before September 16, 2012?
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.
For reissue applications filed before September 16, 2012, the MPEP suggests two specific forms that may be used to prepare a declaration:
- Form PTO/SB/51: Reissue Application Declaration By The Inventor
- 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.