How are multiple reissue applications treated when restriction is required?
When restriction is required in multiple reissue applications, the process involves several steps. According to MPEP 1450, if the original patent claims are found allowable, the examiner will suggest filing a divisional reissue application for the non-elected claims. The original application will be suspended pending examination of the divisional application. Once both applications are allowable,…
Read MoreHow are double patenting issues addressed in multiple reissue applications?
Double patenting issues can arise when multiple reissue applications are filed for the same patent. The MPEP provides guidance on addressing these issues: Where the parent and the continuation reissue applications are examined together, a provisional double patenting rejection should be made in both cases as to any overlapping claims. To resolve these issues, terminal…
Read MoreWhat is the cross-reference requirement for multiple reissue applications?
When multiple reissue applications are filed for a single patent, each application must include a cross-reference to the other related reissue applications. The MPEP states: 37 CFR 1.177(a) requires that all multiple reissue applications resulting from a single patent must include as the first sentence of their respective specifications a cross reference to the other…
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 MoreWhat happens if a reissue application is abandoned?
When a reissue application is abandoned, the general rule is that the original patent remains in force. This is because the surrender of the original patent does not occur until a reissue patent is actually granted. The MPEP cites a Supreme Court case to support this: “Generally, if a reissue application is abandoned, the original…
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