How is the consent requirement verified in a reissue application?

The consent requirement in a reissue application is verified through the following steps:

  1. The examiner inspects the submission under 37 CFR 1.172 for documentary evidence of chain of title.
  2. The consent and documentary evidence of ownership are compared to ensure the assignee signing the consent matches the assignee indicated by the evidence.
  3. The examiner verifies that the persons signing the consent and submission of evidence have the authority to do so.

The MPEP states: “The examiner will compare the consent and documentary evidence of ownership; the assignee indicated by the documentary evidence must be the same assignee which signed the consent.”

If the required documentation is missing, the examiner will request it using form paragraph 14.16. For more details, refer to MPEP § 1410.02.

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Tags: assignee verification, Consent requirement, documentary evidence, Patent Ownership, reissue application