Who can file a terminal disclaimer?
A terminal disclaimer can be filed by the applicant, patentee, or an attorney or agent of record. For applications filed on or after September 16, 2012, the applicant refers to the inventor(s) or the person applying for the patent as provided in 37 CFR 1.43, 1.45, or 1.46. According to the MPEP: A terminal disclaimer…
Read MoreWho can file a reissue application?
For reissue applications filed on or after September 16, 2012, the reissue applicant can be: The original patentee The current patent owner (if there has been an assignment) As stated in MPEP 1410.01: “For reissue applications filed on or after September 16, 2012, the reissue applicant is the original patentee, or the current patent owner,…
Read MoreWhen can a substitute statement be used in place of a reissue oath or declaration?
A substitute statement can be used in place of a reissue oath or declaration under certain circumstances. According to MPEP 1414.01: “The patentee, or current patent owner if there has been an assignment, may sign a substitute statement, in accordance with 37 CFR 1.64, on behalf of an inventor who is deceased, legally incapacitated, cannot…
Read MoreWho can sign a reissue declaration for applications that seek to enlarge the scope of claims?
For reissue applications that seek to enlarge the scope of claims (broadening reissue), the following parties can sign the reissue declaration: The inventor or joint inventors The patentee or current patent owner (if there has been an assignment) can sign a substitute statement in certain circumstances It’s important to note that the assignee cannot sign…
Read MoreHow can a patent owner seek judicial review of an ex parte reexamination decision?
According to MPEP 1216, a patent owner dissatisfied with the final written decision of the Patent Trial and Appeal Board (PTAB) in an ex parte reexamination has only one option for judicial review: “A patent owner who is not satisfied with the final written decision of the Board in an ex parte reexamination may seek…
Read More