When is a clean copy of the specification required in a reissue application?
A clean copy of the specification may be required in a reissue application when the certificate of correction changes are extensive. This requirement is at the discretion of the examiner, after consulting with their supervisor. MPEP 1411.01 states: “If the changes are extensive, a clean copy of the specification with the certificate of correction changes…
Read MoreCan I change the assignee information after paying the issue fee?
Yes, you can request to change the assignee information after paying the issue fee or after the patent has been issued. However, the process is more complex and requires specific steps. According to MPEP 1481.01, you must: State that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before issuance of…
Read MoreWhat happens if a certified copy of a foreign application is not filed for a design patent priority claim?
If a certified copy of the foreign application is not filed for a design patent priority claim, it can affect the validity of the priority claim. According to MPEP 1504.10: “In the case of a design application, the certified copy must be filed during the pendency of the application, unless filed with a petition under…
Read MoreWhat is the difference between correcting a patent with a Certificate of Correction and a reissue application?
The choice between a Certificate of Correction and a reissue application depends on the nature and extent of the error in the patent. According to MPEP 1481: Certificate of Correction: Used for clerical or typographical errors, or mistakes of minor character Cannot involve changes that would constitute new matter or require reexamination Cannot be used…
Read MoreHow are requests for certificates of correction handled by Technology Center Directors?
Technology Center Directors handle specific types of requests for certificates of correction. According to MPEP 1003, these include: Requests that raise novel issues or questions Requests for patents known to be in litigation Requests dealing with legal matters (e.g., insertion of foreign priority data) The MPEP states: “Requests for a certificate of correction in which…
Read MoreWhat happens after I submit a request for a Certificate of Correction?
After submitting a request for a Certificate of Correction, the process is as follows: The request is forwarded to the Certificates of Correction Branch of the Office of Data Management. It is listed in a permanent record book. The Certificates of Correction Branch determines if an error has been made, the responsibility for the error,…
Read MoreHow are Certificates of Correction published and made available to the public?
The USPTO has implemented an electronic publication process for Certificates of Correction. Here’s how they are published and made available: Certificates of Correction are electronically published on the USPTO website at www.uspto.gov/CertificatesOfCorrection. They are subsequently listed in the Official Gazette approximately three weeks later. On the date of electronic publication: The certificate is entered into…
Read MoreWhat is a Certificate of Correction for Office Mistakes?
A Certificate of Correction for Office Mistakes is a document issued by the USPTO to correct errors in a patent that were made by the Patent and Trademark Office. According to MPEP 1480, “Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records…
Read MoreHow long does it take to receive a Certificate of Correction after approval?
According to the MPEP, “The certificate is issued approximately 6 weeks thereafter.” This means that after your request for a Certificate of Correction has been approved, you can expect to receive the actual certificate in about six weeks. It’s important to note that this timeframe begins after the approval process, which itself may take some…
Read MoreWhen should a Certificate of Correction be used instead of reissue for inventorship correction?
A Certificate of Correction should be used to correct inventorship instead of reissue when: The only change being made in the patent is to correct the inventorship All parties are in agreement and the inventorship issue is not contested In these cases, the correction should be made under 35 U.S.C. 256 and 37 CFR 1.324.…
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