MPEP § 2407.02 — After a Patent Has Issued (Annotated Rules)
§2407.02 After a Patent Has Issued
This page consolidates and annotates all enforceable requirements under MPEP § 2407.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
After a Patent Has Issued
This section addresses After a Patent Has Issued. Primary authority: 37 CFR 1.805(b), 37 CFR 1.805(c), and 37 CFR 1.323. Contains: 1 requirement, 1 prohibition, and 1 permission.
Key Rules
Replacement or Supplement of Deposit
37 CFR 1.805(b) and 37 CFR 1.805(c) specify the procedures that a patent owner may follow to ensure that a patent contains the appropriate information about a deposited biological material in the event that a replacement or supplemental deposit is made after the patent is granted. 37 CFR 1.805(b) describes the information which must be contained in the certificate of correction, whereas 37 CFR 1.805(c) describes the information which must be provided in the request to make the correction.
37 CFR 1.805(b) and 37 CFR 1.805(c) specify the procedures that a patent owner may follow to ensure that a patent contains the appropriate information about a deposited biological material in the event that a replacement or supplemental deposit is made after the patent is granted. 37 CFR 1.805(b) describes the information which must be contained in the certificate of correction, whereas 37 CFR 1.805(c) describes the information which must be provided in the request to make the correction.
Not Grounds for Reissue
A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made before or during the pendency of the application which matured into the patent. A patent defective because of lack of a necessary deposit is necessarily fatally defective for failure to comply with the first paragraph of 35 U.S.C. 112. Reissue is not available in such cases. See In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976).
A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made before or during the pendency of the application which matured into the patent. A patent defective because of lack of a necessary deposit is necessarily fatally defective for failure to comply with the first paragraph of 35 U.S.C. 112. Reissue is not available in such cases. See In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976).
Reexamination Certificate
A replacement or supplemental deposit made in connection with a patent, whether or not made during the pendency of an application for reissue patent or a reexamination proceeding or both, shall not be accepted unless a certificate of correction under 37 CFR 1.323 is requested which meets the terms of 37 CFR 1.805(b) and 37 CFR 1.805(c) for replacement or supplemental deposits. See MPEP § 1411.01 for including changes that were made by a certificate of correction to the original patent grant in a reissue application, and MPEP § 2219 for including a copy of any certificate of correction to the original patent grant as part of a request for ex parte reexamination.
Grounds for Reissue
A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made before or during the pendency of the application which matured into the patent. A patent defective because of lack of a necessary deposit is necessarily fatally defective for failure to comply with the first paragraph of 35 U.S.C. 112. Reissue is not available in such cases. See In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976).
Reissue Patent Practice
A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made before or during the pendency of the application which matured into the patent. A patent defective because of lack of a necessary deposit is necessarily fatally defective for failure to comply with the first paragraph of 35 U.S.C. 112. Reissue is not available in such cases. See In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976).
Citations
| Primary topic | Citation |
|---|---|
| Grounds for Reissue Not Grounds for Reissue Reissue Patent Practice | 35 U.S.C. § 112 |
| Reexamination Certificate | 37 CFR § 1.323 |
| Grounds for Reissue Not Grounds for Reissue Reexamination Certificate Reissue Patent Practice Replacement or Supplement of Deposit | 37 CFR § 1.805(b) |
| Grounds for Reissue Not Grounds for Reissue Reexamination Certificate Reissue Patent Practice Replacement or Supplement of Deposit | 37 CFR § 1.805(c) |
| Reexamination Certificate | MPEP § 1411.01 |
| Reexamination Certificate | MPEP § 2219 |
| Grounds for Reissue Not Grounds for Reissue Reissue Patent Practice | In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2407.02 — After a Patent Has Issued
Source: USPTO2407.02 After a Patent Has Issued [R-07.2015]
A patent owner is required to notify the Office when it obtains information that a depository possessing a deposit referenced in a patent cannot furnish samples of the deposit. Failure to diligently replace the deposit and promptly thereafter request a certificate of correction which meets the terms of 37 CFR 1.805(b) and 37 CFR 1.805(c) will cause the patent involved to be treated in any Office proceeding as if no deposit were made.
A replacement or supplemental deposit made in connection with a patent, whether or not made during the pendency of an application for reissue patent or a reexamination proceeding or both, shall not be accepted unless a certificate of correction under 37 CFR 1.323 is requested which meets the terms of 37 CFR 1.805(b) and 37 CFR 1.805(c) for replacement or supplemental deposits. See MPEP § 1411.01 for including changes that were made by a certificate of correction to the original patent grant in a reissue application, and MPEP § 2219 for including a copy of any certificate of correction to the original patent grant as part of a request for ex parte reexamination.
37 CFR 1.805(b) and 37 CFR 1.805(c) specify the procedures that a patent owner may follow to ensure that a patent contains the appropriate information about a deposited biological material in the event that a replacement or supplemental deposit is made after the patent is granted. 37 CFR 1.805(b) describes the information which must be contained in the certificate of correction, whereas 37 CFR 1.805(c) describes the information which must be provided in the request to make the correction.
A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made before or during the pendency of the application which matured into the patent. A patent defective because of lack of a necessary deposit is necessarily fatally defective for failure to comply with the first paragraph of 35 U.S.C. 112. Reissue is not available in such cases. See In re Hay, 534 F.2d 917, 189 USPQ 790 (CCPA 1976).