What is the requirement for ‘lack of deceptive intention’ in reissue applications?
For reissue applications filed before September 16, 2012, there was a specific requirement regarding ‘lack of deceptive intention’. The MPEP states: For reissue applications filed prior to September 16, 2012, both pre-AIA 35 U.S.C. 251 and pre-AIA 37 CFR 1.175 require that the reissue oath or declaration must state that the error arose “without any…
Read MoreCan a reissue application be filed to correct inventorship?
Can a reissue application be filed to correct inventorship? Yes, a reissue application can be filed to correct inventorship. MPEP 1410 states: “A reissue application may be filed to correct inventorship in the patent. The reissue oath or declaration must state that the inventorship error arose without any deceptive intention on the part of the…
Read MoreWhat is the purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012?
The purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012, is to: Identify at least one error in the original patent that serves as the basis for the reissue State that all errors being corrected in the reissue application arose without any deceptive intention on the part of…
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