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…

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What 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…

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What 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…

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Can 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,…

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Do 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…

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Can 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…

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