What is a divisional reissue application?
A divisional reissue application is a type of reissue application that is filed to pursue a separate and distinct invention from the original patent or parent reissue application. It may be filed in response to a restriction requirement in the parent reissue application or initiated by the applicant to pursue different groups of claims. As…
Read MoreHow are claims presented in multiple reissue applications?
When multiple reissue applications are filed (such as divisional or continuation reissue applications), all claims of the original patent must be presented in each reissue application, but in different forms. The MPEP states: Pursuant to 37 CFR 1.177(b) all of the claims of the patent to be reissued must be presented in each reissue application…
Read MoreHow is assignee consent handled in divisional reissue applications?
Assignee consent in divisional reissue applications is handled based on the error being corrected. The MPEP states: A copy of the assignee consent is only acceptable if the divisional reissue application is correcting an error for which consent was previously made. For example, in a divisional reissue application filed in response to a restriction requirement…
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