How does the USPTO determine if a delay in filing a reissue application was unintentional?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO evaluates the unintentional nature of delays in filing…
Read MoreHow does the USPTO handle concurrent proceedings for reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 5 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO has specific procedures for handling concurrent proceedings involving…
Read MoreHow should applicants update the USPTO about ongoing litigation during the reissue process?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Applicants have an ongoing duty to keep the USPTO informed about litigation involving the…
Read MoreWhat is the significance of the two-year period mentioned in MPEP 1403 for reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The two-year period mentioned in MPEP 1403 is significant for…
Read MoreWhat is the significance of the two-month special status for reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 2 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The two-month special status for reissue applications is a procedural…
Read MoreWhat is the role of a TQAS in reissue application examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A Training Quality Assurance Specialist (TQAS) plays a crucial role…
Read MoreHow does litigation or a PTAB trial affect the time extensions for reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For reissue applications being examined during litigation or PTAB trials, or after such proceedings…
Read MoreWhat is the significance of the “surrender generating limitation” in patent reissue recapture?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. What is the significance of the “surrender generating limitation” in…
Read MoreWhen is a supplemental reissue oath or declaration required in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The requirement for a supplemental reissue oath or declaration depends on the filing date…
Read MoreWhat are the requirements for a supplemental oath or declaration in a reissue application filed before September 16, 2012?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For reissue applications filed before September 16, 2012, a supplemental oath or declaration may…
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