What are the requirements for a reissue oath or declaration to correct inventorship?
A reissue oath or declaration to correct inventorship must meet the following requirements: State that the applicant believes the original patent to be wholly or partly inoperative or invalid due to an error in inventorship. For applications filed before September 16, 2012, state that the error arose without any deceptive intention on the part of…
Read MoreCan a 37 CFR 1.48 request or a 37 CFR 1.324 petition be used to correct inventorship in a reissue application?
No, a request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application. The MPEP clearly states: “A request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application.” If such…
Read MoreWhat are the requirements for continuation or divisional reissue applications?
For continuation or divisional reissue applications, you may use a copy of the inventor’s oath or declaration from the earlier-filed reissue application if certain conditions are met. According to MPEP 1410.01: “For continuation or divisional reissue applications, a copy of the inventor’s oath or declaration from the earlier-filed reissue application may be used, provided that:…
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