When can an assignee sign the reissue oath or declaration?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. An assignee of the entire interest can sign the reissue oath or declaration in two specific scenarios: When the reissue application does not seek to enlarge the scope of the claims of the original patent. When the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest. This is explicitly stated in MPEP 1410.01 : “ The inventor’s oath or declaration may be signed by the assignee of the entire interest if (a) the reissue application does not seek to enlarge the scope of the claims of the original patent (37 CFR 1.175(c)(1)), or (b) the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest (37 CFR 1.175(c)(2)). “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Oath Must Be Signed by Assignee's Agent MPEP 1410.01 Required Reissue Oath Must Be Signed by Inventor or Assignee MPEP 1410.01 Required Reissue Oath Must Be Signed by Assignee’s Representative MPEP 1410.01 Prohibited Reissue Oath by Assignee of Entire Interest MPEP 1410.01 Reissue Application Must Be Signed by Inventor MPEP 1410.01 Required Reissue Oath Must Be Signed by Inventors MPEP 1410.01 Reissue Application Must Be Filed by Inventor or Assignee MPEP 1410.01 Reissue Oath by Assignee Allowed If No Scope Enlargement MPEP 1410.01 Permitted Reissue Application Must Be Filed by Inventor or Assignee MPEP 1410.01 Required Requirement for Proper Reissue Oath with Inventor Signatures MPEP 1410.01 Required Other Related FAQs 5 FAQs Collapse How can inventors be added or deleted in a reissue application? What are the requirements for a reissue oath or declaration in a broadening reissue application? What are the...