What are the requirements for a supplemental oath or declaration in a reissue application filed before September 16, 2012?
For reissue applications filed before September 16, 2012, a supplemental oath or declaration may be required under certain circumstances: For errors corrected that are not covered by the original oath or declaration, a supplemental oath or declaration must state that every such error arose without any deceptive intention on the part of the applicant. The…
Read MoreWhat is the role of a supplemental oath or declaration in a reissue application?
A supplemental oath or declaration in a reissue application serves to address any deficiencies or changes that occur during the prosecution of the reissue application. According to MPEP 1414.01: “Where the specification and claims of a reissue application have been amended, a supplemental reissue oath/declaration may be required, unless the amendments are only to correct…
Read MoreWhat is a substitute specification in a reissue application?
What is a substitute specification in a reissue application? A substitute specification in a reissue application is a complete replacement of the original patent specification. According to MPEP 1453: “A substitute specification is required in a reissue application, even where the only changes to be made to the specification are those required by 37 CFR…
Read MoreWhat are the requirements for a status of claims section in a reissue application?
What are the requirements for a status of claims section in a reissue application? In a reissue application, a status of claims section is required to provide a clear overview of the changes being made to the claims. According to MPEP 1453: “Each amendment submitted must include a status of all claims and an explanation…
Read MoreWhat are the status flags in reissue application processing?
In the reissue application process, there are two important status flags that must be set by the Training Quality Assurance Specialist (TQAS): Initial Flag: Set when a new reissue application enters the Technology Center (TC). Final Flag: Removed before a Notice of Allowance can be generated or an issue revision transaction can be entered. MPEP…
Read MoreHow should changes to solid and broken lines be handled in a design patent reissue?
When handling changes to solid and broken lines in a design patent reissue, MPEP 1509 provides specific guidance: “If a drawing view includes both a cancelled and amended version, and the change in the amended version is for the purpose of converting certain solid lines to broken lines, the reissue specification must include a statement…
Read MoreCan a SIR holder file a reissue application?
No, a Statutory Invention Registration (SIR) holder cannot file a reissue application to recapture the rights waived by the initial publication of the SIR. The MPEP clearly states: The holder of a SIR will not be able to file a reissue application to recapture the rights, including the right to exclude others from making, using,…
Read MoreDo I need to resubmit all ‘References Cited’ from the original patent in a reissue application?
No, you are not required to resubmit all ‘References Cited’ from the original patent in a reissue application. The MPEP clearly states: “Note that the Office imposes no responsibility on a reissue applicant to resubmit, in a reissue application, all the ‘References Cited’ in the patent for which reissue is sought.” However, it’s important to…
Read MoreCan restriction be required in a reissue application?
Yes, restriction can be required in a reissue application, but with some limitations. According to MPEP 1440: “37 CFR 1.176(b) Restriction between subject matter of the original patent claims and previously unclaimed subject matter may be required (restriction involving only subject matter of the original patent claims will not be required).” This means that the…
Read MoreCan original patent claims be restricted in a reissue application?
No, original patent claims cannot be restricted in a reissue application. The MPEP 1450 clearly states: “As stated in 37 CFR 1.176(b), the examiner is not permitted to require restriction among original claims of the patent (i.e., among claims that were in the patent before filing the reissue application).” This rule applies even if the…
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