Can a SIR holder file a reissue application?

No, a Statutory Invention Registration (SIR) holder cannot file a reissue application to recapture the rights waived by the initial publication of the SIR. The MPEP clearly states: The holder of a SIR will not be able to file a reissue application to recapture the rights, including the right to exclude others from making, using,…

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How does international publication affect patent rights in designated states?

The effects of international publication on patent rights in designated states are outlined in PCT Article 29. Key points include: The effects are generally the same as those provided by national law for compulsory national publication of unexamined applications. If the publication language differs from the national language, additional requirements may apply, such as translation…

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What is the effect of international publication on patent rights?

The international publication of a PCT application has several important effects on patent rights: It establishes provisional protection in designated States, similar to the effect of national publication of a national application. In the United States, it confers the right to reasonable royalty protection under 35 U.S.C. 154(d). The published application can serve as prior…

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What is the significance of the ‘common ownership’ requirement in terminal disclaimers?

The ‘common ownership’ requirement in terminal disclaimers is crucial for preventing improper timewise extension of patent rights. Key points include: It ensures that the disclaimed patent and the reference patent remain under common ownership for the entire term of the disclaimed patent. This prevents separate entities from enforcing the patents independently, which could effectively extend…

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What are the consequences of not submitting an inventor’s oath or declaration before the issue fee is paid?

Failing to submit an inventor’s oath or declaration before the issue fee is paid can have serious consequences for a patent application. According to MPEP 602.01(a): If an application does not include an oath or declaration by the inventor or a substitute statement, the Office will issue a notice requiring the applicant to file the…

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Can a deceased inventor’s legal representative sign an assignment for a patent application?

Can a deceased inventor’s legal representative sign an assignment for a patent application? Yes, a deceased inventor’s legal representative can sign an assignment for a patent application. According to MPEP 409.01(a): “The legal representative (executor, administrator, etc.) of a deceased inventor may make an assignment of the deceased inventor’s rights in the application as well…

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