Supplemental Oath (10.03.26a)

by patentbar on May 16, 2007 · 13 comments

in Exam Questions


Oct ’03 AM Q#26 Question when is a supplemental oath or declaration treated as an amendment? Answer: After Notice of Allowance in reissue application.

714.16 Amendment After Notice of Allowance, 37 CFR 1.312
[…]
With the exception of a supplemental oath or declaration submitted in a reissue, a supplemental oath or declaration is not treated as an amendment under 37 CFR 1.312. See MPEP § 603.01. A supplemental reissue oath or declaration is treated as an amendment under 37 CFR 1.312 because the correction of the patent which it provides is an amendment of the patent, even though no amendment is physically entered into the specification or claim(s). Thus, for a reissue oath or declaration submitted after allowance to be entered, the reissue applicant must comply with 37 CFR 1.312 in the manner set forth in this section.

{ 13 comments… read them below or add one }

1 PeterNo Gravatar April 10, 2010 at 4:04 pm

Here is the entire question #26
6. When, in accordance with the patent laws, rules and procedures as related in the MPEP, is a supplemental oath or declaration treated as an amendment under 37 CFR 1.312?

(A) When filed in a nonprovisional application after the Notice of Allowance has been mailed.

(B) When filed in a reissue application at any point during the prosecution.

(C) When filed in a nonprovisional application after the payment of the Issue Fee.

(D) When filed in a reissue application after the Notice of Allowance has been mailed.

(E) (A) and (D).

26. ANSWER: (D) is the most correct answer. MPEP § 714.16, third paragraph, states “a supplemental reissue oath or declaration is treated as an amendment under 37 CFR 1.312 because the correction of the patent which it provides is an amendment of the patent, even though no amendment is physically entered into the specification or claim(s).” Answer (A) is incorrect because a supplemental oath or declaration is not treated as an amendment under 37 CFR 1.312 except when submitted in a reissue. See MPEP § 603.01. Answer (B) is incorrect because a supplemental oath or declaration in a reissue will be treated as an amendment under 37 CFR § 1.312 only if filed after allowance. Answer (C) is incorrect because amendments filed after the date the issue fee has been paid are no longer permitted under 37 CFR § 1.312. (E) is wrong because (A) is correct.

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2 OverworkkedNo Gravatar April 28, 2011 at 1:19 pm

VARIANT on 4/27/2011 E8R8:

Exactly as stated above.

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3 TheGhostOfBilskiNo Gravatar April 5, 2012 at 9:48 pm

FYI: I think the last sentence of the answer above should read “(E) is wrong because (A) is *incorrect*.”

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4 BobNo Gravatar August 3, 2011 at 2:18 am

Got this on 8/2/11

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5 ENo Gravatar November 25, 2011 at 6:32 pm

repeat 11/22/11

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6 AnonNo Gravatar January 14, 2012 at 4:46 pm

How is B wrong? Since MPEP § 714.16, third paragraph, states “a supplemental reissue oath or declaration is treated as an amendment under 37 CFR 1.312,” wouldn’t that mean that a supplemental reissue declaration filed BEFORE the notice of allowance on a reissue?

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7 Mambo5No Gravatar January 14, 2012 at 8:11 pm

Anon,

I think you have to consider the statement you quoted in the context of the MPEP section in which it is included.

MPEP Section 714.16 is entitled “Amendment after Notice of Allowance.” That entire section you quoted is talking ONLY about the Post-Allowance timeframe.

{{{ 714.16 AMENDMENT AFTER NOTICE OF ALLOWANCE . . .
. . . With the exception of a supplemental oath or declaration submitted in a reissue, a supplemental oath or declaration is not treated as an amendment under 37 CFR 1.312 }}}

I have to agree with you though – the way they say it, it’s not exactly straightforward.

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8 DavidNo Gravatar February 19, 2012 at 1:37 am

Had this Q on 2/10/2012

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9 GDBNo Gravatar April 19, 2012 at 7:10 pm

Got this on 04/19/12

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10 passedatlastNo Gravatar June 19, 2012 at 5:22 pm

Got this 6/19/12

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11 IndiJonesNo Gravatar June 30, 2012 at 2:01 am

got this 6/29/12

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12 speedplaneNo Gravatar May 15, 2013 at 10:51 pm

Besides memorizing this particular question, how on earth would you figure it out? This provision is tucked away in a MPEP section completely unrelated to supplemental oaths and reissues.

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13 HarryNo Gravatar March 9, 2016 at 11:24 am

@speedplane – many questions will come from chpts. 700 and 2100. The questions asks when supp. oath or declaration would be treated as an AMENDMENT, so chpt 700 (Examination of Applications) may be a good place to look.

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