Who can apply for a reissue patent?

According to 35 U.S.C. 251(c), the following parties can apply for a reissue patent: “The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application…

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Can an assignee file a reissue application to correct inventorship without the original inventor’s consent?

Yes, an assignee of the entire interest can file a reissue application to correct inventorship without the original inventor’s consent. The MPEP states: “An assignee of the entire interest can consent to and sign the reissue oath/declaration that adds or deletes the name of an inventor by reissue (e.g., correct inventorship from inventor A to…

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What inspection rights do assignees of part interest have in patent applications?

Assignees of part interest in a patent application have specific inspection rights. According to MPEP 106.01: [A]n assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. This means that while assignees of part interest cannot prosecute the application or exclude the applicant from the prosecution process, they…

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Can an assignee conduct patent prosecution after attorney withdrawal?

Yes, an assignee can conduct patent prosecution after attorney withdrawal under certain conditions: The assignee must have originally appointed the withdrawing attorney or agent. The assignee becomes recognized by the Office for all purposes in the application. The assignee can sign amendments and other papers related to the prosecution. The MPEP 402.06 states: ‘If the…

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Can an assignee revoke power of attorney in all types of patent applications?

Can an assignee revoke power of attorney in all types of patent applications? An assignee’s ability to revoke power of attorney applies to most, but not all, types of patent applications. According to MPEP 402.07, there are specific scenarios where this is explicitly allowed: “For applications involved in an interference or derivation proceeding, 37 CFR…

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