Is physical surrender of the original patent required for reissue?
No, physical surrender of the original patent is not required for reissue. According to MPEP 1416, “Pursuant to 37 CFR 1.178(a), surrender of the patent for which reissue is requested is automatic upon the grant of the reissue patent; physical surrender is not required.” This means that the surrender takes effect automatically when the reissue…
Read MoreWhat happens to pending applications during a 35 U.S.C. 145 civil action?
What happens to pending applications during a 35 U.S.C. 145 civil action? When a civil action under 35 U.S.C. 145 is initiated, it impacts the status of the pending patent application. The MPEP provides clear guidance on this: “When an applicant files a civil action under 35 U.S.C. 145, the patent application remains pending, but…
Read MoreHow should the title of invention be presented in a PCT application?
The title of invention in a PCT application is a crucial element that must meet specific requirements. According to MPEP 1821: “The Request must contain the title of the invention; the title must be short (preferably 2 to 7 words) and precise (PCT Rule 4.3). The title in Box No. I of the Request is…
Read MoreWhat is the purpose of the file reference in a PCT application?
The file reference in a PCT application serves as a unique identifier for the applicant or their agent. According to MPEP 1821: “The applicant or his/her agent may indicate a file reference in the box provided for this purpose on the first sheet of the Request form, on each page of the other elements of…
Read MoreHow does the designation of states work in a PCT application?
The designation of states in a PCT application is an important process that determines the potential scope of patent protection. According to MPEP 1821 and 37 CFR 1.432: “The filing of an international application request shall constitute: The designation of all Contracting States that are bound by the Treaty on the international filing date; An…
Read MoreHow should dates be formatted in a PCT application?
Proper date formatting is crucial in PCT applications. According to MPEP 1821: “Each date appearing in the international application or in any correspondence must be indicated by the Arabic number of the day, the name of the month and the Arabic number of the year, in that order. In the request, after, below or above…
Read MoreWhat are the restrictions on content in a PCT application abstract?
What are the restrictions on content in a PCT application abstract? The PCT application abstract has specific content restrictions as outlined in MPEP 1826. The key restrictions include: “The abstract must not contain: (1) Statements on the alleged merits or value of the invention or on its speculative application; (2) References to persons except for…
Read MoreWhat are the language requirements for the abstract in a PCT application?
What are the language requirements for the abstract in a PCT application? The abstract in a PCT application must adhere to specific language requirements as outlined in the MPEP. According to MPEP 1826: “The abstract must be in the language of the international application as originally filed or, if the application is filed in a…
Read MoreWhat types of mistakes cannot be rectified under PCT Rule 91?
Not all mistakes in a PCT application can be rectified under PCT Rule 91. According to MPEP 1836, the following types of mistakes cannot be rectified: “A mistake shall not be rectifiable under this Rule if: (i) the mistake lies in the omission of one or more entire elements of the international application referred to…
Read MoreDo the guidelines for other substantive and procedural matters apply to national stage applications under 35 U.S.C. 371?
Yes, the guidelines for other substantive and procedural matters generally apply to national stage applications submitted under 35 U.S.C. 371. This includes guidance on: Double patenting rejections (MPEP § 804) Election and reply by applicant (MPEP § 818) Rejoinder of nonelected inventions (MPEP § 821.04) MPEP 823 states: “However, the guidance set forth in this…
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