How are references from the original patent handled in a reissue application?
In a reissue application, the examiner should consider all references cited during the original patent prosecution. These references should be listed on a PTO-892 form if they are cited or applied again in the reissue application. However, some references may no longer be relevant due to changes in claim scope and may not need to…
Read MoreWhat 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…
Read MoreHow does the examiner handle unavailable references in a reissue application?
When a reference cited in the original patent is not available and cannot be obtained from any source other than the reissue applicant (who has not provided it), the examiner follows specific procedures: The examiner will not consider that reference. The reference will not be listed on the PTO-892 form. If the reference was listed…
Read MoreHow should examiners handle non-patent literature from the internet?
Examiners should handle non-patent literature (NPL) from the internet as follows: Treat internet sources as non-patent literature Include them in the list of references cited (PTO-892 form) Provide copies for the applicant’s use The MPEP states: “Internet sources … are to be treated in the same manner as other non-patent literature.” (MPEP 904.02(c)) This ensures…
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