How does the USPTO determine if reissue claims are for the same general invention?
The USPTO determines if reissue claims are for the same general invention by examining whether the claims are supported by the original patent disclosure. According to MPEP 1412.01: The original patent specification, drawings, and claim set must adequately support and describe the claims of the reissue application. The examiner will review the reissue claims in…
Read MoreWhat is a transitional application in patent law?
A transitional application in patent law refers to a patent application that was filed during a specific transition period when patent laws or rules were changing. In the context of MPEP 803.03(b), it specifically relates to applications where fees were paid for additional species claims. The MPEP states: Whenever claims drawn to an additional species…
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 are the requirements for a proper restriction between species?
For a proper restriction between species, the following requirements must be met: There must be no disclosure of a relationship between species (see MPEP § 806.04(b)) There must be a patentable difference between the species as claimed There would be a serious search and/or examination burden on the examiner if restriction is not required As…
Read MoreWhat are species in patent law?
In patent law, species refer to specific embodiments or variations of an invention within a broader genus or category. The Manual of Patent Examining Procedure (MPEP) 806.04(b) states that “Species may be either independent or related under the particular disclosure.” This means that species can be distinct inventions or related inventions depending on how they…
Read MoreWhat is the “same general invention” requirement for reissue claims?
The “same general invention” requirement for reissue claims refers to the principle that the reissue claims must be for the same invention as that disclosed in the original patent. According to MPEP 1412.01: The reissue claims must be for the same invention as that disclosed as being the invention in the original patent, as required…
Read MoreWhat are the requirements for a reissue oath or declaration in applications filed on or after September 16, 2012?
For reissue applications filed on or after September 16, 2012, the inventor’s oath or declaration must comply with the following requirements: Comply with 37 CFR 1.63, 1.64, or 1.67 Identify at least one error being relied upon as the basis for reissue State that the applicant believes the original patent to be wholly or partly…
Read MoreCan reissue claims be broader than the original patent claims?
Yes, reissue claims can be broader than the original patent claims, but with certain limitations. MPEP 1412.01 states: The reissue claims may be broader than the original claims if the reissue application is filed within two years from the grant of the original patent. However, it’s important to note that: The broadened claims must still…
Read MoreWhat happens if a reissue claim is directed to a different invention?
If a reissue claim is directed to a different invention than the one disclosed in the original patent, it will be rejected. MPEP 1412.01 states: Claims in the reissue application that are drawn to an invention comprising a newly claimed combination of features that was not covered by any of the claims in the original…
Read MoreCan a reissue application be used to provoke an interference?
Yes, a reissue application can be used to provoke an interference under certain circumstances. According to the MPEP, In appropriate circumstances, a reissue application subject to pre-AIA 35 U.S.C. 102(g) (first to invent) may be placed into interference with a patent or pending application. However, there are specific conditions that must be met: The reissue…
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