Reissue Application Declaration By The Inventor {PTO-AIA-05}

PTO-AIA-05, REISSUE APPLICATION DECLARATION BY THE INVENTOR, The reissue oath/declaration as required by 37 CFR 1.175 is an essential part of a reissue application and must be filed with the application, or within the time period set under 37 CFR 1.53(f) along with the required surcharge as set forth in 37 CFR 1.16(f) in order to avoid abandonment. The question of the sufficiency of the reissue oath/declaration filed under 37 CFR 1.175 must in each case be reviewed and decided personally by the primary examiner. Much of the required content of a reissue oath or declaration will differ based on the filing date of the reissue application. However, all reissue oaths or declarations must contain the following: (A) A statement that the applicant believes the original patent to be wholly or partly inoperative or invalid— (1) by reason of a defective specification or drawing, or (2) by reason of the patentee claiming more or less than patentee had the right to claim in the patent; and (B) A statement of at least one error which is relied upon to support the reissue application, i.e., as the basis for the reissue. See MPEP § 1414.01 for the remaining requirements for the reissue oath or declaration in a reissue application filed on or after September 16, 2012; MPEP § 1414.02 for the remaining requirements of a reissue oath or declaration in a reissue application filed before September 16, 2012; and MPEP § 1414.03 for supplemental reissue oaths or declarations in reissue applications filed before September 16, 2012. www.FormsWorkflow.com