Can a reissue application be used to add unclaimed subject matter from the original patent specification?

Can a reissue application be used to add unclaimed subject matter from the original patent specification? Yes, a reissue application can be used to add unclaimed subject matter from the original patent specification, but with certain limitations: The added subject matter must be disclosed in the original patent specification. It cannot introduce new matter beyond…

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What types of content should be avoided in plant patent specifications?

When drafting a plant patent specification, certain types of content should be avoided. The MPEP 1610 provides guidance on this matter: Unwarranted advertising: “Care should also be exercised that the specification does not contain unwarranted advertising, for example, ‘the disclosed plant being grown in the XYZ Nurseries of Topeka, Kansas.’” Laudatory expressions: “Nor should the…

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What are the requirements for a design patent title?

The requirements for a design patent title are specified in MPEP 1503.01: “The title of the design must designate the particular article.” This means: The title should be descriptive of the article in which the design is embodied or applied. It should be as short and specific as possible. Words such as “design for” or…

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How should the description of figures be written in a design patent application?

The description of figures in a design patent application should follow specific guidelines as outlined in MPEP 1503.01: “The specification should include a description of the figures, describing the view shown in each of the drawings.” Here are key points to consider: Each figure should be briefly described. The description should indicate what view is…

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How should amendments be made in reissue applications?

How should amendments be made in reissue applications? Amendments in reissue applications should be made in accordance with MPEP 1453. The MPEP states: “Amendments in reissue applications are made pursuant to 37 CFR 1.121(i).” This means that amendments in reissue applications follow specific rules: All amendments must be made relative to the patent specification and…

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