What is the initial review process for a reissue application?
The initial review process for a reissue application involves several key steps: The examiner consults the Examiner Reissue Guide and Checklist for basic guidance. The examiner inspects the submission under 37 CFR 1.172 for documentary evidence of chain of title. The examiner compares the consent and documentary evidence of ownership. The examiner checks if the…
Read MoreCan the assignee sign a reissue declaration, and under what circumstances?
Yes, the assignee can sign a reissue declaration under specific circumstances. According to MPEP 1414.01: “The assignee of 100% of the entire right, title and interest in the patent (who must be named as the reissue applicant) may sign the declaration if: The application does not seek to enlarge the scope of the claims in…
Read MoreHow do business mergers affect patent ownership?
Business mergers can have significant implications for patent ownership. According to MPEP 314: Documents of merger are also proper links in the chain of title. They may represent a change of entity as well as a change of name. This means that when businesses merge, it can result in both a change of the legal…
Read MoreDoes a change of business name affect the legal entity for patent purposes?
According to MPEP 314, a mere change of business name does not constitute a change in legal entity for patent purposes. The MPEP states: Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title. This means that while the legal entity…
Read MoreWhat happens if an assignment cover sheet is not submitted with the assignment document?
If an assignment cover sheet is not submitted with the assignment document, the USPTO will not record the assignment. According to MPEP 302.07, “The Office will not accept an assignment document that is not accompanied by a cover sheet.” This means that the assignment will not be officially recognized by the USPTO, which could affect…
Read MoreHow can I correct an assignment or name change improperly filed against my application or patent?
If you discover that another party has improperly recorded an assignment or name change against your application or patent, you can correct this error by following the procedure outlined in MPEP 323.01(c): First, try to contact the party who recorded the erroneous information and request that they record corrective papers. If unsuccessful, submit the following…
Read MoreHow can I correct a typographical error in a recorded assignment document?
To correct a typographical error in a recorded assignment document, you have two main options: Create and record a new document Make corrections to the original document and re-record it According to MPEP 323.01(b): If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet,…
Read MoreIs it possible to expunge assignment records at the USPTO?
Expungement of assignment records at the USPTO is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge assignment records are granted only if the petitioner can prove: The normal corrective procedures outlined in MPEP § 323.01(a) through § 323.01(c) will…
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