Who can sign a reissue declaration for applications that seek to enlarge the scope of claims?

For reissue applications that seek to enlarge the scope of claims (broadening reissue), the following parties can sign the reissue declaration:

• The inventor or joint inventors
• The patentee or current patent owner (if there has been an assignment) can sign a substitute statement in certain circumstances

It’s important to note that the assignee cannot sign the declaration for a broadening reissue, even if they own 100% of the patent rights. As stated in MPEP 1414.01: “The assignee of 100% of the entire right, title and interest in the patent (who must be named as the reissue applicant) may sign the declaration if the application does not seek to enlarge the scope of the claims in the original patent, or the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest.”

To learn more:

• reissue declaration
• broadening reissue
• patent claims
• inventor’s oath
• patent owner