When is a supplemental oath or declaration treated as an amendment according to USPTO regulations?

A supplemental oath or declaration is treated as an amendment according to USPTO regulations specifically when it is filed after the Notice of Allowance in a reissue application. In this context, the reissue application has already undergone examination, and the Notice of Allowance signifies that the application is ready to be granted. Therefore, any supplemental documents, including oaths or declarations submitted at this stage, are viewed as amendments that may affect the claims or the scope of the reissue patent.

In contrast, filings made during the initial application process or in a new patent application do not categorize supplemental oaths or declarations as amendments under the same regulatory framework. In those scenarios, such filings are often treated as part of routine documentation and procedural compliance rather than amendments aimed at modifying previously submitted claims or specifications.

This understanding is crucial for interpreting procedural requirements and ensuring compliance with the USPTO's regulations throughout the patent prosecution process.