Can a reissue application be used to correct inequitable conduct?
Can a reissue application be used to correct inequitable conduct? No, a reissue application cannot be used to correct inequitable conduct. The Manual of Patent Examining Procedure (MPEP) 2012 clearly states: “A reissue application cannot be employed to ‘repair’ the effect of inequitable conduct or other fraud perpetrated on the Office, despite claims to the…
Read MoreHow 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…
Read MoreWhat 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…
Read MoreWhen 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhere 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.…
Read MoreHow 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 MoreWhat 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…
Read MoreWhat 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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