How is a correction of inventorship reflected in the reexamination certificate?

When a petition for correction of inventorship is granted during a reexamination proceeding, the correction is reflected in the reexamination certificate. According to MPEP 2250.02: “If the petition under 37 CFR 1.324 is granted, a certificate of correction indicating the change of inventorship will not be issued, because the reexamination certificate that will ultimately issue…

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What are the requirements for the inventor’s oath or declaration in an international design application?

International design applications designating the United States are required to contain the inventor’s oath or declaration. According to MPEP 2920.04(c): “International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64).” Key points: The International Bureau reviews applications to ensure the required inventor’s oath or…

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What are the requirements for reproductions (drawings) in an international design application?

Reproductions in international design applications must comply with the requirements of Rule 9 and Part Four of the Administrative Instructions, as stated in 37 CFR 1.1026. Key points include: Every application must include a reproduction of the claimed design. Reproductions can be drawings (black and white or color) or photographs. The drawing or photograph must…

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How does inter partes reexamination differ from ex parte reexamination?

Inter partes reexamination differs from ex parte reexamination in several procedural aspects, but not in the substance considered. The MPEP states: “Inter partes reexamination differs from ex parte reexamination in matters of procedure, such as when the third party requester can participate, the types of Office actions and the timing of issuance of the Office…

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What happens when an Inter Partes Reexamination is merged with a reissue application?

When an Inter Partes Reexamination is merged with a reissue application, the process and outcome are different from a standard reexamination. MPEP 2690 states: “In that situation, the inter partes reexamination proceeding is concluded by the grant of a reissue patent, the reissue patent will constitute the reexamination certificate.” This means that instead of issuing…

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