What additional information must be provided with claim amendments in a reissue application?
When amending claims in a reissue application, you must provide: The status of all patent claims and added claims (pending or canceled) An explanation of support in the original disclosure for each claim change The MPEP states: “Pursuant to 37 CFR 1.173(c), each amendment submitted must set forth the status of all patent claims and…
Read MoreHow are amendments made in reissue applications?
Amendments in reissue applications must be made in accordance with 37 CFR 1.173. The key points are: All changes must be made relative to the original patent Matter to be omitted must be enclosed in brackets Matter to be added must be underlined For specification changes, submit the entire paragraph with markings For claim changes,…
Read MoreHow are new claims presented and amended in a reissue application?
For new claims in a reissue application: Present the entire claim with underlining throughout, including the claim number Use the status identifier “New” Number new claims starting after the last original patent claim number When amending a previously added new claim: Present the entire amended claim with underlining Do not use brackets to show changes…
Read MoreHow should amendments be made in a reissue of a previously reissued patent?
When amending a reissue of a previously reissued patent: Additions from the first reissue should remain in italics New additions should be presented as double underlined text Deletions from the first reissue should be shown in double brackets The MPEP states: “When a copy of a first reissue patent is presented as the specification of…
Read MoreHow should amendments be made in a reissue application if the patent was previously reexamined?
When amending a reissue application for a patent that was previously reexamined: Present the amendment as if changes from the reexamination certificate are part of the original patent Do not use italics for text that was italicized in the reexamination certificate Omit any text that was in brackets in the reexamination certificate Line through claims…
Read MoreWhat are the special considerations for amending a reissue application with prior changes?
When amending a reissue application where the patent has undergone prior changes: For a previously reissued patent: Use double underlining and double bracketing to show changes relative to the first reissue For a patent with a certificate of correction: Present the amendment as if changes from the certificate are part of the original patent For…
Read MoreHow should drawings be amended in a reissue application?
Amending drawings in a reissue application requires specific procedures: Submit replacement sheets for any changed drawings Include all figures from the original sheet, even if only one is amended Label amended figures as “Amended” and new figures as “New” Explain all changes in detail on a separate sheet Canceled figures must be surrounded by brackets…
Read MoreWhat are the requirements for amending claims in a reissue application?
When amending claims in a reissue application: Present the entire text of each amended claim Underline any added matter Enclose any deleted matter in brackets For new claims, present the entire claim with underlining Cancel claims by stating “Cancel claim X” without presenting the text Do not renumber original patent claims The MPEP states: “37…
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