Can multiple embodiments be included in a single design reissue application?
The inclusion of multiple embodiments in a single design reissue application is generally not permitted. As stated in MPEP 1457: “A design reissue application may not contain more than one embodiment (plural embodiments are not permitted in a design application).” This restriction is important because: Each design patent should protect a single, distinct design Multiple…
Read MoreCan I request expedited examination for a design reissue application?
Yes, expedited examination can be requested for design reissue applications. The process is as follows: File the design reissue application with a request under 37 CFR 1.155. The application undergoes expedited processing throughout the entire prosecution. The Design TC Director must grant the request for expedited examination. A waiver under 37 CFR 1.182 is considered…
Read MoreWhat are the requirements for a design reissue oath or declaration?
The requirements for a design reissue oath or declaration are specific and must be carefully followed. According to MPEP 1457: “The oath or declaration required by 37 CFR 1.175 must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing.” Additionally,…
Read MoreWhat is the process for correcting inventorship in a design reissue application?
Correcting inventorship in a design reissue application follows a specific process. According to MPEP 1457: “If a request is filed under 37 CFR 1.48(a) to correct inventorship in a design reissue application, the request should be accompanied by a consent to the requested correction signed by each person being added or deleted as an inventor.”…
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