What is the requirement for ‘lack of deceptive intention’ in reissue applications?

For reissue applications filed before September 16, 2012, there was a specific requirement regarding ‘lack of deceptive intention’. The MPEP states: For reissue applications filed prior to September 16, 2012, both pre-AIA 35 U.S.C. 251 and pre-AIA 37 CFR 1.175 require that the reissue oath or declaration must state that the error arose “without any…

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How does the process of claiming foreign priority differ for reissue applications filed before and after September 16, 2012?

The process of claiming foreign priority in reissue applications differs based on whether the application was filed before or after September 16, 2012. Here’s a breakdown of the differences: For reissue applications filed on or after September 16, 2012: MPEP 1417 states: “For reissue applications filed on or after September 16, 2012, the foreign priority…

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What are the formal requirements for affidavits and declarations under 37 CFR 1.131(a)?

Affidavits and declarations under 37 CFR 1.131(a) must meet specific formal requirements: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer. A declaration, permitted under 37 CFR 1.68, can be used instead of an affidavit. Declarations must include an acknowledgment that willful false statements are punishable…

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What’s the difference between an affidavit and a declaration?

While both affidavits and declarations serve similar purposes in patent prosecution, there are key differences: Affidavit: A statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. Declaration: As per 37 CFR 1.68, a declaration can be used instead of an affidavit. It must include an acknowledgment that…

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What are the requirements for disqualifying a patent or patent application publication under 37 CFR 1.131(c)?

To disqualify a U.S. patent or U.S. patent application publication as prior art under 37 CFR 1.131(c), the applicant or patent owner must submit two items: A terminal disclaimer: This must be in accordance with 37 CFR 1.321(c). An oath or declaration: This must state that: The application or patent under reexamination and the patent…

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