Who can file a reissue application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For reissue applications filed on or after September 16, 2012, the reissue applicant can be: The original patentee The current patent owner (if there has been an assignment) As stated in MPEP 1410.01 : “ For reissue applications filed on or after September 16, 2012, the reissue applicant is the original patentee, or the current patent owner, if there has been an assignment. “ However, it’s important to note that the inventor(s) must still execute an oath or declaration for the reissue application, with some exceptions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Oath or Declaration for Reissue Must Comply with Specific Requirements MPEP 1410 Required Reissue Application Must Be Filed by Original Patentee or Current Owner MPEP 1410.01 Claims Required for Reissue Application MPEP 1410 Permitted Inventor Consent Required for Reissue Application MPEP 1410.01 Required Requirements for Reissue Application MPEP 1410 Required Contents of a Reissue Application Must Include Entire Specification and Drawings MPEP 1410 Reissue Application Must Be Signed by Inventor MPEP 1410.01 Required Reissue Applicant May File Substitute Statement Instead of Oath/Declaration MPEP 1410.01 Permitted Reissue Applicant Must State Patent Is Unassigned If Not Assigned MPEP 1410 Recommended Reissue Applications May Be Filed Electronically MPEP 1410 Permitted Other Related FAQs 5 FAQs Collapse How can inventors be added or deleted in a reissue application? When can an assignee sign the reissue oath or declaration? What are the requirements for a reissue oath or declaration in a broadening reissue application? What are the requirements for continuation or divisional reissue applications? Can ...