Can the assignee sign a reissue declaration, and under what circumstances?
Yes, the assignee can sign a reissue declaration under specific circumstances. According to 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.”
It’s important to note that for broadening reissue applications (those seeking to enlarge the scope of claims), the assignee cannot sign the declaration unless the original application was filed under 37 CFR 1.46.
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