What is the purpose of the PTO-892 form in reissue applications?

The PTO-892 form, also known as the “Notice of References Cited,” serves an important purpose in reissue applications: It lists references cited or applied by the examiner during the reissue application examination. It includes relevant references from the original patent prosecution that are still applicable to the reissue claims. It helps maintain a clear record…

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What are the requirements for submitting an IDS in a reissue application?

When submitting an Information Disclosure Statement (IDS) in a reissue application, applicants must comply with 37 CFR 1.97 and 1.98. The requirements for document copies have been simplified: Copies of U.S. patents or U.S. patent application publications are not required unless specifically requested by the Office. For foreign patents, publications, and other information, copies are…

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What documents are used to list references in a patent application?

References in a patent application are typically listed on two main documents: Form PTO-892 (Notice of References Cited) Form PTO/SB/08 (Information Disclosure Statement) As stated in MPEP 1302.12: All references which have been cited by the examiner during the prosecution, including those appearing in Patent Trial and Appeal Board decisions or listed in the reissue…

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What is the correct way to cite an A.P.C. published application?

The MPEP provides a specific format for citing A.P.C. published applications. The correct citation format is as follows: A.P.C. Application of [Inventor Name], Ser. No. [Serial Number], Published [Publication Date] This format ensures that the document is properly identified as an A.P.C. published application rather than a patent, and includes all necessary information for reference.…

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What is the applicant’s responsibility regarding references in a reissue application?

In a reissue application, the applicant is not required to resubmit all references cited in the original patent. However, applicants have an ongoing duty to disclose material information to the USPTO. Specifically: MPEP § 1406 states: The Office imposes no responsibility on a reissue applicant to resubmit, in a reissue application, all the references cited…

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How are copies of cited references provided to patent applicants?

According to MPEP 707.05(a), copies of cited foreign patent documents and non-patent literature are automatically furnished without charge to applicants with the Office action. However, copies of U.S. patents and U.S. patent application publications are not provided in paper to applicants. The MPEP states: Copies of cited foreign patent documents and non-patent literature references (except…

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