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…
Read MoreWhat types of errors can be corrected through a Certificate of Correction for applicant’s mistake?
A Certificate of Correction for applicant’s mistake can correct various types of errors, including: Typographical errors in the specification, drawings, or claims Errors in bibliographic data (e.g., inventor names, priority claims) Minor clerical or typographical errors in the patent As stated in MPEP 1481: “The types of mistakes for which a certificate of correction of…
Read MoreWhen is a supplemental reissue oath or declaration required in a reissue application?
The requirement for a supplemental reissue oath or declaration depends on the filing date of the reissue application: For applications filed on or after September 16, 2012: A supplemental oath or declaration is not required if additional defects or errors are corrected after the initial filing For applications filed before September 16, 2012: A supplemental…
Read MoreCan a reissue application be filed to correct errors discovered during litigation?
Can a reissue application be filed to correct errors discovered during litigation? Yes, a reissue application can be filed to correct errors discovered during litigation, but there are important considerations: Error requirement: The error must be one that renders the patent wholly or partly inoperative or invalid. No new matter: The correction must not introduce…
Read MoreWhat happens if errors previously identified in a reissue oath/declaration are no longer relied upon?
The required action differs based on the filing date of the reissue application: For applications filed on or after September 16, 2012: A supplemental reissue oath or declaration is not required. However, the applicant must explicitly identify an error being relied upon as the basis for reissue in the remarks accompanying an amendment. The MPEP…
Read MoreWhat are the grounds for filing a reissue application?
A reissue application is filed to correct an error in the patent that makes it wholly or partly inoperative or invalid. The MPEP states: There must be at least one error in the patent to provide grounds for reissue of the patent. If there is no error in the patent, the patent will not be…
Read MoreWhat types of errors qualify for a Certificate of Correction?
Certificates of Correction are typically issued for significant errors that affect the understanding or interpretation of the patent. According to MPEP 1480: “In order to expedite all proper requests, a certificate of correction should be requested only for errors of consequence. Instead of a request for a certificate of correction, letters making errors of record…
Read MoreWhat types of defects can be corrected through a reissue application?
A reissue application can be used to correct various types of defects in an unexpired patent. While the MPEP 201.05 doesn’t provide an exhaustive list in this section, it does state that a reissue application is for “a patent to take the place of an unexpired patent that is defective.” Common defects that can be…
Read MoreWhat is a reissue application and when is it used?
A reissue application is a type of application used to correct an error in an issued patent that renders the patent wholly or partly inoperative or invalid. It is governed by 35 U.S.C. 251 and 37 CFR 1.171-1.179. Reissue applications are typically filed when the original patent claims are too narrow or too broad, or…
Read MoreWhat are reissue applications according to MPEP 201.01?
MPEP 201.01 briefly mentions reissue applications as one of the types of national applications. Specifically, it states: ‘National applications include original applications and reissue applications (filed under 35 U.S.C. 251).’ Reissue applications are a specialized type of patent application used to correct errors in an already issued patent. They are governed by 35 U.S.C. 251,…
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