What are the requirements for a design reissue oath or declaration?
The requirements for a design reissue oath or declaration are specific and must be carefully followed. According to MPEP 1457: “The oath or declaration required by 37 CFR 1.175 must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing.” Additionally,…
Read MoreHow can I correct a mistake in the priority claim of my patent?
Correcting a mistake in the priority claim of a patent typically requires a different process than a Certificate of Correction. According to MPEP 1481: “A clerical or typographical mistake in the benefit or foreign priority claim is typically not an error correctable by a certificate of correction and generally requires a petition under 37 CFR…
Read MoreWhat is the process for correcting inventorship in a patent through reissue?
Correcting inventorship in a patent through reissue involves the following steps: Filing a reissue application with a reissue oath or declaration under 37 CFR 1.175. The oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid due to an error in inventorship. For applications filed…
Read MoreCan a mistake in assignee information on PTOL-85B be corrected via certificate of correction?
No, a mistake in assignee information on the Fee(s) Transmittal Form (PTOL-85B) cannot be corrected via a certificate of correction. The MPEP 1481.01 clearly states: “Mistakenly adding assignee information on the form PTOL-85B is not a type of error correctable via certificate of correction.” If you need to change or correct assignee information after the…
Read MoreWhat is the process for changing inventorship on a patent after it has been issued?
Changing inventorship on an issued patent requires a specific process, as outlined in MPEP § 1481.02. According to MPEP 1002.02(l), “Request to change inventorship pursuant to court order, 37 CFR 1.324, MPEP § 1481.02” is decided by the Certificates of Correction Branch. The process typically involves: Obtaining a court order directing the change in inventorship…
Read MoreCan I change the assignee information after paying the issue fee?
Yes, you can request to change the assignee information after paying the issue fee or after the patent has been issued. However, the process is more complex and requires specific steps. According to MPEP 1481.01, you must: State that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before issuance of…
Read MoreWhat types of requests are decided by the Certificates of Correction Branch?
The Certificates of Correction Branch decides on several types of requests, including: Requests for Certificates of Correction under 37 CFR 1.322 or 1.323, with some exceptions Petitions to issue a corrected patent under 37 CFR 1.322(b) Requests to change inventorship pursuant to court order under 37 CFR 1.324 As stated in MPEP 1002.02(l): “Requests for…
Read MoreWhat is the difference between correcting a patent with a Certificate of Correction and a reissue application?
The choice between a Certificate of Correction and a reissue application depends on the nature and extent of the error in the patent. According to MPEP 1481: Certificate of Correction: Used for clerical or typographical errors, or mistakes of minor character Cannot involve changes that would constitute new matter or require reexamination Cannot be used…
Read MoreWhat happens after I submit a request for a Certificate of Correction?
After submitting a request for a Certificate of Correction, the process is as follows: The request is forwarded to the Certificates of Correction Branch of the Office of Data Management. It is listed in a permanent record book. The Certificates of Correction Branch determines if an error has been made, the responsibility for the error,…
Read MoreWhat is a Certificate of Correction for Office Mistakes?
A Certificate of Correction for Office Mistakes is a document issued by the USPTO to correct errors in a patent that were made by the Patent and Trademark Office. According to MPEP 1480, “Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records…
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