Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 106-Control of Inspection by Assignee (2)
No, an assignee of a part interest alone cannot file a reissue application. According to MPEP 1410, a reissue application must be applied for by all of the inventors, unless the application is accompanied by a petition under 37 CFR 1.182 for waiver of the requirement. Alternatively, the assignee of the entire interest can file the reissue application. An assignee of only a part interest is not entitled to file a reissue application on his or her own.
Patent Law (2)
If an assignee of a part interest refuses to join in an application for reissue, the reissue may still be applied for by the assignee of the entire interest. This is outlined in MPEP 1410. The assignee of the entire interest can file the reissue application as the sole applicant. However, the assignee must comply with the requirements of 37 CFR 1.172, which includes submitting an oath or declaration by the assignee.
No, an assignee of a part interest alone cannot file a reissue application. According to MPEP 1410, a reissue application must be applied for by all of the inventors, unless the application is accompanied by a petition under 37 CFR 1.182 for waiver of the requirement. Alternatively, the assignee of the entire interest can file the reissue application. An assignee of only a part interest is not entitled to file a reissue application on his or her own.
Patent Procedure (2)
If an assignee of a part interest refuses to join in an application for reissue, the reissue may still be applied for by the assignee of the entire interest. This is outlined in MPEP 1410. The assignee of the entire interest can file the reissue application as the sole applicant. However, the assignee must comply with the requirements of 37 CFR 1.172, which includes submitting an oath or declaration by the assignee.
No, an assignee of a part interest alone cannot file a reissue application. According to MPEP 1410, a reissue application must be applied for by all of the inventors, unless the application is accompanied by a petition under 37 CFR 1.182 for waiver of the requirement. Alternatively, the assignee of the entire interest can file the reissue application. An assignee of only a part interest is not entitled to file a reissue application on his or her own.