What is a substitute specification in a reissue application?
What is a substitute specification in a reissue application? A substitute specification in a reissue application is a complete replacement of the original patent specification. According to MPEP 1453: “A substitute specification is required in a reissue application, even where the only changes to be made to the specification are those required by 37 CFR…
Read MoreWhat additional information must be provided with claim amendments in a reissue application?
When amending claims in a reissue application, you must provide: The status of all patent claims and added claims (pending or canceled) An explanation of support in the original disclosure for each claim change The MPEP states: “Pursuant to 37 CFR 1.173(c), each amendment submitted must set forth the status of all patent claims and…
Read MoreHow are amendments made in reissue applications?
Amendments in reissue applications must be made in accordance with 37 CFR 1.173. The key points are: All changes must be made relative to the original patent Matter to be omitted must be enclosed in brackets Matter to be added must be underlined For specification changes, submit the entire paragraph with markings For claim changes,…
Read MoreWhat is the role of a preliminary amendment in a reissue application?
What is the role of a preliminary amendment in a reissue application? A preliminary amendment plays a significant role in reissue applications. According to MPEP 1440: “A preliminary amendment may be filed with the reissue application to amend the claims and/or specification. Where a preliminary amendment is filed with the reissue application, it must comply…
Read MoreHow are new claims presented and amended in a reissue application?
For new claims in a reissue application: Present the entire claim with underlining throughout, including the claim number Use the status identifier “New” Number new claims starting after the last original patent claim number When amending a previously added new claim: Present the entire amended claim with underlining Do not use brackets to show changes…
Read MoreWhat are the requirements for submitting drawings in a reissue application?
When submitting drawings for a reissue application, the following requirements must be met: A clean copy of each drawing sheet from the printed patent must be submitted at the time of filing the reissue application. If the clean copies comply with 37 CFR 1.84, no further formal drawings will be required. New drawing sheets should…
Read MoreHow can I correct the drawing of a design patent through reissue?
Correcting the drawing of a design patent through reissue involves specific procedures as outlined in MPEP 1509: Follow the provisions of 37 CFR 1.173(b)(3) for making changes to the patent drawing. Provide a detailed explanation of all changes to the patent drawing on a separate sheet accompanying the amendment papers. Submit a marked-up copy of…
Read MoreHow should claims be presented in a reissue application?
How should claims be presented in a reissue application? In a reissue application, claims must be presented in a specific manner according to MPEP 1453. The MPEP states: “All amendment changes must be made relative to the patent to be reissued. Pursuant to 37 CFR 1.173(b)(2), for each claim that is being amended, the entire…
Read MoreHow should amendments be made in a reissue of a previously reissued patent?
When amending a reissue of a previously reissued patent: Additions from the first reissue should remain in italics New additions should be presented as double underlined text Deletions from the first reissue should be shown in double brackets The MPEP states: “When a copy of a first reissue patent is presented as the specification of…
Read MoreHow should amendments be made in a reissue application if the patent was previously reexamined?
When amending a reissue application for a patent that was previously reexamined: Present the amendment as if changes from the reexamination certificate are part of the original patent Do not use italics for text that was italicized in the reexamination certificate Omit any text that was in brackets in the reexamination certificate Line through claims…
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