How should charts, tables, or chemical formulas be handled in reissue applications?
When dealing with charts, tables, or chemical formulas in reissue applications, special care must be taken to maintain their integrity. The MPEP 1411 provides specific guidance: “If a chart, table, or chemical formula is amended and it spans two columns of the patent, it should not be split. Rather, the chart, table, or chemical formula…
Read MoreDo I need to submit a new certified copy of the foreign application when filing a reissue application?
No, you do not need to submit a new certified copy of the foreign application when filing a reissue application, provided that the certified copy was submitted in the original patent application. According to MPEP 1417: “No additional certified copy of the foreign application is necessary.” The section further refers to MPEP § 215 for…
Read MoreWhat is the difference between correcting a patent with a Certificate of Correction and a reissue application?
The choice between a Certificate of Correction and a reissue application depends on the nature and extent of the error in the patent. According to MPEP 1481: Certificate of Correction: Used for clerical or typographical errors, or mistakes of minor character Cannot involve changes that would constitute new matter or require reexamination Cannot be used…
Read MoreCan a Certificate of Correction be used to broaden the scope of a patent claim?
No, a Certificate of Correction cannot be used to broaden the scope of a patent claim. The MPEP 1481 clearly states that mistakes that would materially affect the scope or meaning of the patent are not considered “minor” and thus cannot be corrected via a Certificate of Correction. The MPEP cites the Federal Circuit case…
Read MoreWhat is a Bauman type continuation application in the context of reissue applications?
A Bauman type continuation application is a regular continuation application filed from a reissue application, rather than a continuation reissue application. The MPEP explains: It is possible to file a 35 U.S.C. 111(a) continuing application of a reissue application. See In re Bauman, 683 F.2d 405, 409, 214 USPQ 585, 589 (CCPA 1982) (a patentee…
Read MoreWhat are the basic requirements for filing a reissue application?
A reissue application must contain the same parts as an original patent application, with some additional requirements specific to reissues. According to MPEP 1410: A copy of the printed patent in double column format A reissue oath or declaration complying with 37 CFR 1.63 and 37 CFR 1.175 Consent of assignee (if assigned) and evidence…
Read MoreCan an assignee file a reissue application to correct inventorship without the original inventor’s consent?
Yes, an assignee of the entire interest can file a reissue application to correct inventorship without the original inventor’s consent. The MPEP states: “An assignee of the entire interest can consent to and sign the reissue oath/declaration that adds or deletes the name of an inventor by reissue (e.g., correct inventorship from inventor A to…
Read MoreHow is the application size fee calculated for reissue applications?
The application size fee is calculated based on the number of sheets in the specification and drawings. According to 37 CFR 1.16(s), this fee applies to applications exceeding 100 sheets of paper. The MPEP states: “The application size fee applies for each additional 50 sheets or fraction thereof over 100 sheets of paper.” However, certain…
Read MoreWhat is the applicant’s responsibility regarding references in a reissue application?
In a reissue application, the applicant is not required to resubmit all references cited in the original patent. However, applicants have an ongoing duty to disclose material information to the USPTO. Specifically: MPEP § 1406 states: The Office imposes no responsibility on a reissue applicant to resubmit, in a reissue application, all the references cited…
Read MoreWhat is an “Annotated Marked-up Drawing” in a reissue application?
An “Annotated Marked-up Drawing” in a reissue application is an optional document that applicants can include to illustrate changes made to drawing figures. The MPEP describes it as follows: “If desired, applicant may include a marked-up copy of any amended drawing figure, including annotations indicating the changes made. Such a marked-up copy must be clearly…
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