What is required to add a benefit claim after the initial filing of a patent application?
Adding a benefit claim after the time period required by 37 CFR 1.78 requires a petition and the petition fee. As stated in MPEP § 211.04: Any petition under 37 CFR 1.78 must be accompanied by a corrected ADS in compliance with 37 CFR 1.76(c) (for applications filed on or after September 16, 2012), or…
Read MoreAre substitute specifications allowed in reissue applications or reexamination proceedings?
No, substitute specifications are not permitted in reissue applications or reexamination proceedings. This is explicitly stated in 37 CFR 1.125(d): A substitute specification under this section is not permitted in a reissue application or in a reexamination proceeding. This restriction is important to maintain the integrity of the original patent document in these special proceedings.…
Read MoreCan a petition for an unintentionally delayed priority claim be filed after the patent issues?
Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02: For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate…
Read MoreAre USPTO employees allowed to initiate email communications with patent applicants?
USPTO employees are generally not permitted to initiate email communications with patent applicants unless there is a written authorization on record. According to MPEP 502.03: ‘USPTO employees are NOT permitted to initiate communications with applicants via Internet email unless there is a written authorization of record in the patent application by the applicant.’ However, if…
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