How should amendments be submitted in a reissue application?
Amendments in a reissue application must be submitted according to specific rules. As per MPEP 1410: Amendments can be submitted at the time of filing the reissue application. They must comply with 37 CFR 1.173(b)-(e) and (g). Amendments can be made by either: Presenting insertions and deletions as part of the original reissue specification Submitting…
Read MoreHow should priority or benefit claims be made in a reissue application?
Priority or benefit claims in reissue applications must be made according to specific rules. As per MPEP 1410: Priority/benefit claims from the original patent do not automatically carry over to the reissue application. For reissues filed on or after September 16, 2012, claims must be made in an Application Data Sheet (ADS) under 37 CFR…
Read MoreIs it necessary to physically surrender the original patent when filing a reissue application?
No, it is no longer required to physically surrender the original patent when filing a reissue application. According to MPEP 1410: “It is no longer required that the reissue applicant physically surrender the original patent, see MPEP § 1416.“ This change simplifies the reissue application process, as applicants are not required to locate and submit…
Read MoreWhat is the continuing duty of disclosure in a reissue application?
Reissue applicants have a continuing duty of disclosure throughout the reissue process. According to MPEP 1410: “37 CFR 1.178(b) requires reissue applicants to call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences, reissues, reexaminations, or litigation…
Read MoreWhat are the basic requirements for filing a reissue application?
A reissue application must contain the same parts as an original patent application, with some additional requirements specific to reissues. According to MPEP 1410: A copy of the printed patent in double column format A reissue oath or declaration complying with 37 CFR 1.63 and 37 CFR 1.175 Consent of assignee (if assigned) and evidence…
Read MoreWhat additional documents must be included with a reissue application?
A reissue application requires several additional documents beyond those needed for an original patent application. According to MPEP 1410, these include: A copy of any disclaimer (37 CFR 1.321) Any certificate of correction (37 CFR 1.322 – 1.324) Any reexamination certificate (37 CFR 1.570 and 1.997) Any certificate from a trial before the Patent Trial…
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