What is the role of the Office of Patent Application Processing (OPAP) in reviewing reissue oaths/declarations 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 Office of Patent Application Processing (OPAP) plays a crucial role in reviewing the reissue oath/declaration. Specifically:

• OPAP is responsible for reviewing the reissue oath/declaration for compliance with pre-AIA 37 CFR 1.63.
• This initial review by OPAP means that the examiner is not required to perform this specific review.

As stated in the MPEP: “The Office of Patent Application Processing (OPAP) should review the reissue oath/declaration for compliance with pre-AIA 37 CFR 1.63; thus, the examiner is not required to do such review.”

However, it’s important to note that while OPAP performs this initial review, the examiner still has responsibilities regarding the oath/declaration, such as ensuring it contains the required averments specific to reissue applications under pre-AIA 37 CFR 1.175.