How can a protestor monitor the progress of an application they have protested?
A protestor’s ability to monitor the progress of an application they have protested is limited. However, in some cases, they may be able to track public records. According to MPEP 1901.07, “Where protestor has access to an application, for example, a reissue application which is open to the public and may be inspected under 37…
Read MoreWhat happens when an Inter Partes Reexamination is merged with a reissue application?
When an Inter Partes Reexamination is merged with a reissue application, the process and outcome are different from a standard reexamination. MPEP 2690 states: “In that situation, the inter partes reexamination proceeding is concluded by the grant of a reissue patent, the reissue patent will constitute the reexamination certificate.” This means that instead of issuing…
Read MoreWhat happens if fraud is discovered during a reissue application?
What happens if fraud is discovered during a reissue application? If fraud is discovered during the examination of a reissue application, the examiner must take specific actions. According to MPEP 2012: “Where the examiner discovers or is made aware of fraud during the examination of a reissue application, the examiner should consult with the Technology…
Read MoreHow is the effective filing date determined for reissue applications under the AIA?
The AIA provides specific guidance for determining the effective filing date of claimed inventions in reissue applications: Finally, the AIA provides that the “effective filing date” for a claimed invention in a reissued patent or application for a reissue patent shall be determined by deeming the claim to the claimed invention to have been contained…
Read MoreWhat happens if a patent is granted without an election under pre-AIA 35 U.S.C. 103(b)?
If a patent is granted on an application that was entitled to the benefit of pre-AIA 35 U.S.C. 103(b), but no election was made due to an error, there is still a remedy available. The MPEP states: However, if a patent is granted on an application entitled to the benefit of pre-AIA 35 U.S.C. 103(b)…
Read MoreWhat happens when a reissue application and an inter partes reexamination proceeding are pending concurrently for the same patent?
When a reissue application and an inter partes reexamination proceeding are pending concurrently on the same patent, the general policy of the USPTO is that they will not be conducted separately at the same time. As stated in the MPEP: “The general policy of the Office is that the examination of a reissue application and…
Read MoreWhat is the “without deceptive intention” requirement for inventorship correction in reissue applications?
The “without deceptive intention” requirement is a crucial aspect of correcting inventorship through a reissue application. As stated in MPEP 1412.04: “Where one or more inventors are being added, it must be demonstrated that the error in inventorship occurred ‘without any deceptive intention’ on the part of the inventor being added.” This requirement means that…
Read MoreWho can file a reissue application?
For reissue applications filed on or after September 16, 2012, the reissue applicant can be: The original patentee The current patent owner (if there has been an assignment) As stated in MPEP 1410.01: “For reissue applications filed on or after September 16, 2012, the reissue applicant is the original patentee, or the current patent owner,…
Read MoreHow is the consent requirement verified in a reissue application?
The consent requirement in a reissue application is verified through the following steps: The examiner inspects the submission under 37 CFR 1.172 for documentary evidence of chain of title. The consent and documentary evidence of ownership are compared to ensure the assignee signing the consent matches the assignee indicated by the evidence. The examiner verifies…
Read MoreHow does the USPTO handle reissue applications with defective oaths or declarations?
The USPTO has specific procedures for handling reissue applications with defective oaths or declarations. According to MPEP 1414: “If the reissue oath/declaration is defective and the applicant has not filed a proper oath or declaration or has not used a proper alternative statement, the Office will reject the reissue application as based upon a defective…
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