Can inventorship be corrected through reissue instead of reexamination?
Yes, inventorship can be corrected through reissue if it’s not addressed during reexamination. As stated in MPEP 2250.02: “Alternatively, the failure to name the correct inventive entity is an error in the patent which is correctable by reissue under 35 U.S.C. 251.” The MPEP further directs readers to MPEP § 1412.04 for more information on…
Read MoreWhat happens if a patent is granted without an election under pre-AIA 35 U.S.C. 103(b)?
If a patent is granted on an application that was entitled to the benefit of pre-AIA 35 U.S.C. 103(b), but no election was made due to an error, there is still a remedy available. The MPEP states: However, if a patent is granted on an application entitled to the benefit of pre-AIA 35 U.S.C. 103(b)…
Read MoreCan a reissue application be filed to correct inventorship?
Can a reissue application be filed to correct inventorship? Yes, a reissue application can be filed to correct inventorship. MPEP 1410 states: “A reissue application may be filed to correct inventorship in the patent. The reissue oath or declaration must state that the inventorship error arose without any deceptive intention on the part of the…
Read MoreWhat is the purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012?
The purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012, is to: Identify at least one error in the original patent that serves as the basis for the reissue State that all errors being corrected in the reissue application arose without any deceptive intention on the part of…
Read MoreWhat 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 MoreWhat are the limitations on requests for Certificates of Correction?
While the Certificates of Correction Branch handles many requests for patent corrections, there are limitations on what can be corrected through this process. According to MPEP 1002.02(l), certain denials require consideration by higher authorities: “Requests for Certificates of Correction under 37 CFR 1.322 or 1.323 except for denials on grounds requiring consideration by the Chief…
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 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 MoreCan a reissue application be used to correct inventorship?
Yes, a reissue application can be used to correct inventorship. The MPEP 201.05 states: ‘A reissue application may also be filed to correct inventorship in the patent. The reissue oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of the incorrect inventorship.’…
Read MoreWhat are the requirements for an oath or declaration in a reissue application?
What are the requirements for an oath or declaration in a reissue application? In a reissue application, the oath or declaration must comply with specific requirements outlined in MPEP 1414. The MPEP states: “The reissue oath/declaration must include a statement that the applicant believes the original patent to be wholly or partly inoperative or invalid.”…
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