What is a petition to issue a corrected patent?
A petition to issue a corrected patent is a formal request to the USPTO to correct errors in an issued patent. According to MPEP 1002.02(l), these petitions are decided by the Certificates of Correction Branch under 37 CFR 1.322(b). This process is used when: There’s a mistake in the patent that was not the fault…
Read MoreAre there any more FAQs about MPEP 1414.02 – Reissue Oath or Declaration in Reissue Application Filed Before September 16, 2012?
No more FAQs can be generated for this specific MPEP section. The key information and requirements for reissue oaths or declarations in applications filed before September 16, 2012, have been comprehensively covered in the existing FAQs. Any additional questions would likely be redundant or overly specific variations of the already discussed points. To learn more:…
Read MoreWhat is the difference between correcting inventorship in a reissue application and a certificate of correction?
The main difference between correcting inventorship in a reissue application and a certificate of correction lies in the nature and extent of the correction: Reissue application: Used for more substantial changes, including adding or deleting inventors. As stated in MPEP 1412.04, “Where one or more inventors are being added, it must be demonstrated that the…
Read MoreHow do I request a Certificate of Correction for a patent?
To request a Certificate of Correction for a patent, you should: Address your request to the Commissioner for Patents, Office of Data Management, Attention: Certificates of Correction Branch, P.O. Box 1450, Alexandria, VA 22313-1450. If filing electronically, use the document description: “Request for Certificate of Correction.” Use the special Certificate of Correction form, PTO/SB/44 (also…
Read MoreHow can I correct inventorship in an issued patent?
To correct inventorship in an issued patent, you need to file a petition under 37 CFR 1.324. The petition must include: A statement from each person being added as an inventor and each current inventor either agreeing to the change or stating no disagreement A statement from all assignees agreeing to the change, complying with…
Read MoreWhat happens if new errors are discovered after filing a reissue application before September 16, 2012?
If new errors are discovered after filing a reissue application before September 16, 2012, they can still be corrected within the same reissue application. According to MPEP 1414.02: “Where applicant seeks to correct errors in more than one of the original drawing, specification and claims, and remarks that those errors collectively render the original patent…
Read MoreWhat are the essential requirements for a reissue oath or declaration?
According to MPEP 1444, all reissue oaths or declarations must contain the following: A statement that the applicant believes the original patent to be wholly or partly inoperative or invalid due to a defective specification or drawing, or because the patentee claimed more or less than they had the right to claim. A statement of…
Read MoreWhat are the essential components of a reissue oath/declaration?
A reissue oath/declaration is a crucial part of a reissue application. According to MPEP 1414, all reissue oaths or declarations must contain the following: A statement of at least one error being relied upon as the basis for reissue A statement that all errors being corrected in the reissue application arose without any deceptive intention…
Read MoreWhat are the eight ways to correct or amend a patent?
According to MPEP 1400.01, there are eight ways to correct or amend a patent: Reissue Issuance of a certificate of correction Disclaimer Reexamination Supplemental examination Inter partes review Post grant review Covered business method review The MPEP states: “A patent may be corrected or amended in eight ways, namely by: (1) reissue, (2) the issuance…
Read MoreIs there a diligence requirement for filing narrowing reissue applications?
While the MPEP 1403 generally does not impose a diligence requirement for filing reissue applications, especially within the first two years, recent court decisions have considered diligence in certain cases. The MPEP states: “While examiners should not make rejections based on lack of diligence (which does not include rejections under 35 U.S.C. 251 for a…
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