Can original or printed patent drawing sheets be physically altered in a reissue application?

No, original or printed patent drawing sheets cannot be physically altered in a reissue application. The MPEP clearly states: “Amending the original or printed patent drawing sheets by physically changing or altering them is not permitted. Any request to do so should be denied.” Instead of physically altering the original drawings, applicants must submit replacement…

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What is the “overlooked aspects” exception in patent reissue recapture?

What is the “overlooked aspects” exception in patent reissue recapture? The “overlooked aspects” exception is a rare circumstance where recapture may be allowed in a reissue application. This exception applies when the reissue claims are drawn to a separate invention or separate aspect/embodiment that was not covered by a claim at any point during prosecution…

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Is it necessary to physically surrender the original patent when filing a reissue application?

No, it is no longer required to physically surrender the original patent when filing a reissue application. According to MPEP 1410: “It is no longer required that the reissue applicant physically surrender the original patent, see MPEP § 1416.“ This change simplifies the reissue application process, as applicants are not required to locate and submit…

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What is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation?

What is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation? The Office of Patent Legal Administration (OPLA) plays a crucial role in managing reissue applications that are involved in litigation: Referral review: OPLA reviews reissue applications referred due to concurrent litigation. Decision on examination approach: OPLA determines whether…

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What is the significance of the Official Gazette announcement for reissue applications?

The announcement of reissue applications in the Official Gazette is a crucial step in the reissue process: All reissue applications, except for continued prosecution applications (CPAs) for design patents, must be announced in the Official Gazette. The examiner must verify if the filing has been announced before proceeding with examination. If the announcement hasn’t been…

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