When is a supplemental reissue oath or declaration required in a reissue application?

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 requirement for a supplemental reissue oath or declaration depends on the filing date of the reissue application:

• For applications filed on or after September 16, 2012: A supplemental oath or declaration is not required if additional defects or errors are corrected after the initial filing
• For applications filed before September 16, 2012: A supplemental oath or declaration is required if the amendment corrects an “error” under 35 U.S.C. 251

The MPEP states: “For applications filed on or after September 16, 2012, if additional defects or errors are corrected in the reissue after the filing of the reissue oath or declaration, a supplemental reissue oath or declaration is not required.”

However, it’s important to note that for all applications, if the originally identified errors are no longer being relied upon, the applicant must explicitly identify a new error on the record as the basis for reissue.