How does the “without deceptive intention” requirement apply to reissue applications filed before September 16, 2012?

For reissue applications filed before September 16, 2012, the applicant must include a statement in the reissue oath or declaration that all errors being corrected arose without any deceptive intention. The MPEP provides a suggested statement to satisfy this requirement: “All errors corrected in the present reissue application up to the time of signing of…

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What is a reissue patent?

A reissue patent is a mechanism to correct errors in an existing patent. According to 35 U.S.C. 251, a reissue patent can be granted “Whenever any patent is, through error, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less…

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When is a supplemental reissue oath/declaration required under pre-AIA 37 CFR 1.175(b)(1)?

For reissue applications filed before September 16, 2012, a supplemental reissue oath/declaration under pre-AIA 37 CFR 1.175(b)(1) is required when: The application is otherwise in condition for allowance; Amendments or other corrections of errors in the patent have been made subsequent to the last oath/declaration filed in the application; and At least one of the…

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What are the requirements for a supplemental oath or declaration in a reissue application filed before September 16, 2012?

For reissue applications filed before September 16, 2012, a supplemental oath or declaration may be required under certain circumstances: For errors corrected that are not covered by the original oath or declaration, a supplemental oath or declaration must state that every such error arose without any deceptive intention on the part of the applicant. The…

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What is the role of a supplemental oath or declaration in a reissue application?

A supplemental oath or declaration in a reissue application serves to address any deficiencies or changes that occur during the prosecution of the reissue application. According to MPEP 1414.01: “Where the specification and claims of a reissue application have been amended, a supplemental reissue oath/declaration may be required, unless the amendments are only to correct…

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Where can I find information about supplemental examination of patents?

Information about supplemental examination of patents can be found in MPEP Chapter 2800. As stated in MPEP 1400.01: “The fifth way (supplemental examination) is discussed in MPEP Chapter 2800.” Supplemental examination is a procedure that allows patent owners to request the USPTO to consider, reconsider, or correct information believed to be relevant to their patent.…

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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…

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What is the significance of the “at least one error” requirement in a reissue oath or declaration?

The “at least one error” requirement in a reissue oath or declaration is crucial for initiating the reissue process. MPEP 1414 states: “The reissue oath or declaration must also specifically identify at least one error being relied upon as the basis for reissue.” This requirement serves several important purposes: It establishes the legal basis for…

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What are the requirements for supplemental reissue oaths or declarations?

Supplemental reissue oaths or declarations may be required in certain circumstances during the reissue application process. According to MPEP 1414: “A supplemental reissue oath or declaration must be filed in a reissue application to correct any deficiencies or errors in the initial reissue oath or declaration.” Requirements for supplemental reissue oaths or declarations include: Identifying…

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