How can I correct the drawing of a design patent through reissue?
Correcting the drawing of a design patent through reissue involves specific procedures as outlined in MPEP 1509: Follow the provisions of 37 CFR 1.173(b)(3) for making changes to the patent drawing. Provide a detailed explanation of all changes to the patent drawing on a separate sheet accompanying the amendment papers. Submit a marked-up copy of…
Read MoreWhat is the “continuous effort” requirement for diligence in filing a reissue application?
The “continuous effort” requirement for diligence in filing a reissue application refers to the need for inventors or patent owners to show sustained progress towards filing the reissue application without unreasonable delays. The MPEP 1403 states: “A delay between the discovery of the need for a reissue and the filing of a reissue application may…
Read MoreWhat is the continuing duty of disclosure in a reissue application?
Reissue applicants have a continuing duty of disclosure throughout the reissue process. According to MPEP 1410: “37 CFR 1.178(b) requires reissue applicants to call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences, reissues, reexaminations, or litigation…
Read MoreWhat are the consequences of failing to show diligence in filing a reissue application?
Failing to show diligence in filing a reissue application can have serious consequences, potentially resulting in the rejection of the reissue application. The MPEP 1403 states: “If it is determined that there was a failure to exercise due diligence in filing the reissue application, the application should be rejected as a recapture of the subject…
Read MoreWhat happens when a reissue application and a reexamination proceeding are pending concurrently for the same patent?
When a reissue application and a reexamination proceeding are pending concurrently for the same patent, the Office may decide to merge the two proceedings or suspend one of them. According to MPEP 1449.01, “If an examiner becomes aware that a reissue application and an ex parte or inter partes reexamination proceeding are both pending for…
Read MoreHow does concurrent litigation affect the examination of a reissue application?
Concurrent litigation can significantly impact the examination of a reissue application: The examiner must determine if there is ongoing litigation related to the patent. If litigation exists, the examiner needs to ascertain its current status. The reissue file history should be appropriately marked to indicate the presence of concurrent litigation. Special procedures may need to…
Read MoreHow are concurrent interference or other contested case proceedings handled with a reissue application?
When a reissue application is filed for a patent involved in an interference or another contested case, special procedures are followed: The examiner must consult with the Technology Center Training Quality Assurance Specialist (TQAS) or Supervisory Patent Reexamination Specialist (SPRS) before taking any action on the reissue application. It is crucial that the reissue application…
Read MoreWhen is a clean copy of the specification required in a reissue application?
A clean copy of the specification may be required in a reissue application when the certificate of correction changes are extensive. This requirement is at the discretion of the examiner, after consulting with their supervisor. MPEP 1411.01 states: “If the changes are extensive, a clean copy of the specification with the certificate of correction changes…
Read MoreHow do I claim priority to a foreign application in a reissue patent application?
To claim priority to a foreign application in a reissue patent application, you must: Make a claim for priority to the earlier filing date in the foreign country, even if such a claim was made in the original patent application. For reissue applications filed on or after September 16, 2012, present the foreign priority information…
Read MoreHow should claims be presented in a reissue application?
How should claims be presented in a reissue application? In a reissue application, claims must be presented in a specific manner according to MPEP 1453. The MPEP states: “All amendment changes must be made relative to the patent to be reissued. Pursuant to 37 CFR 1.173(b)(2), for each claim that is being amended, the entire…
Read More