What is the required format for submitting a reissue application specification?
The reissue application specification, including claims, must be submitted as a copy of the printed patent in double column format. This requirement is outlined in 37 CFR 1.173(a)(1), which states: “[T]he application specification, including the claims, must be furnished in the form of a copy of the printed patent in double column format (so that…
Read MoreCan 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…
Read MoreAre re-typed specifications acceptable in reissue applications?
No, re-typed specifications are not acceptable in reissue applications. The MPEP 1411 clearly states: “It should be noted that a re-typed specification is not acceptable in a reissue application; the full copy of the printed patent must be used.” However, there is an exception to this rule. If the changes to be made to the…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat is the purpose of the preamble in a design patent specification?
The preamble in a design patent specification serves a specific purpose as described in MPEP 1503.01: “The preamble, if included, should state the name of the applicant, the title of the design, and a brief description of the nature and intended use of the article in which the design is embodied or applied.” Key points…
Read MoreHow 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…
Read MoreCan a design patent application include a characteristic feature statement?
Yes, a design patent application can include a characteristic feature statement. According to MPEP 1503.01: “A characteristic feature statement may be included in the specification. Such a statement could be used, for example, to describe a feature of the design that is considered by the applicant to be a feature of novelty or non-obviousness over…
Read MoreHow should broken lines be described in a design patent specification?
Broken lines in design patent drawings require a specific description in the specification. According to MPEP 1503.01: “Where broken lines are used, they should be defined in the specification as forming no part of the claimed design or as showing the environment in which the article embodying the design is used.” Key points for describing…
Read MoreHow 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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