How do amendments affect fees in reissue applications?
Amendments in reissue applications can affect fees, particularly excess claims fees. Key points to consider: Excess claims fees, if any, must be paid before the examiner considers the amendment. Fees are calculated based on the claims that would be present if the amendment were entered. If an amendment only revises existing claims without adding new…
Read MoreHow should changes be made to patent drawings in a reissue application?
When making changes to patent drawings in a reissue application, the following guidelines must be followed: Submit a replacement sheet for each sheet containing a figure to be revised. The replacement sheet must comply with 37 CFR 1.84 and include all figures from the original sheet. Amended figures must be identified as “Amended” at the…
Read MoreHow are drawings amended in a reissue application?
How are drawings amended in a reissue application? Amending drawings in a reissue application follows specific rules outlined in MPEP 1453. The manual states: “Amendments to the original patent drawings are not permitted. Any change to the patent drawings must be by way of a new sheet of drawings with the amended figures identified as…
Read MoreHow does the America Invents Act (AIA) affect the examination of reissue applications?
The America Invents Act (AIA) introduced changes to the determination of prior art for patent applications. For reissue applications, the effect depends on the effective filing date of the claims. The MPEP 1440 explains: “The Leahy-Smith America Invents Act (AIA) revised 35 U.S.C. 102 and thereby, the standard to determine what prior art is available…
Read MoreWhat additional requirements must be considered when examining a reissue application?
While reissue applications are examined similarly to non-reissue applications, there are additional requirements specific to reissues. The MPEP 1440 outlines: “In addition, the application will be examined with respect to compliance with 37 CFR 1.171-1.178 relating specifically to reissue applications, for example, the reissue oath or declaration will be carefully reviewed for compliance with 37…
Read MoreHow can inventors be added or deleted in a reissue application?
Adding or deleting inventors in a reissue application requires specific procedures. According to MPEP 1410.01: “If an inventor is to be added in a reissue application, a proper reissue oath or declaration including the signatures of all of the inventors is required, except where the assignee of the entire interest can properly sign the reissue…
Read MoreWhat is the ‘effective filing date’ for a claimed invention?
The ‘effective filing date’ for a claimed invention is defined in 35 U.S.C. 100(i)(1) as follows: The term “effective filing date” for a claimed invention in a patent or application for patent means—(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim…
Read MoreHow is the date of abandonment determined for a reissue application?
How is the date of abandonment determined for a reissue application? For a reissue application, the date of abandonment is determined differently than for utility or plant applications. According to MPEP 711.04(a): ‘For a reissue application, the date of abandonment is the date the original patent expired, if the reissue application was filed on or…
Read MoreWhat is a reissue application?
A reissue application is a type of patent application used to correct defects in an existing, unexpired patent. According to MPEP 201.05, “A reissue application is an application for a patent to take the place of an unexpired patent that is defective.” This process allows patent holders to address errors or omissions in their original…
Read MoreWhat is the procedure for correcting or adding a benefit claim in a design application?
What is the procedure for correcting or adding a benefit claim in a design application? The procedure for correcting or adding a benefit claim in a design application differs from that of utility applications. According to MPEP 211.02(a): “For design applications, an application may be amended to claim priority to or the benefit of a…
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