What are the requirements for supplemental reissue oaths or declarations?
Supplemental reissue oaths or declarations may be required in certain circumstances during the reissue application process. According to MPEP 1414: “A supplemental reissue oath or declaration must be filed in a reissue application to correct any deficiencies or errors in the initial reissue oath or declaration.” Requirements for supplemental reissue oaths or declarations include: Identifying…
Read MoreCan I request the return of my original patent letters after submitting them for reissue?
Yes, you can request the return of your original patent letters after submitting them for reissue, but there are certain conditions and timeframes to consider. According to MPEP 1416: “Where the patentee has submitted the original letters patent in a reissue application the Office may, in response to a timely request, return the original letters…
Read MoreWhat is a reissue application and how does it relate to patent claims?
A reissue application is a process for correcting errors in an already issued patent. It allows patent owners to amend their patents if they discover mistakes or omissions that could affect the patent’s validity or scope. The content of claims in a reissue application is particularly important because it can impact the patent’s protection. According…
Read MoreWhat is the difference between a reissue application and a reexamination proceeding?
What is the difference between a reissue application and a reexamination proceeding? Reissue applications and reexamination proceedings are distinct processes for correcting or reviewing patents: Reissue Application: Initiated by the patent owner Can broaden or narrow claims Can correct errors in the specification or drawings Results in a new patent Reexamination Proceeding: Can be initiated…
Read MoreWhat is the required format for submitting a reissue application specification?
The reissue application specification, including claims, must be submitted as a copy of the printed patent in double column format. This requirement is outlined in 37 CFR 1.173(a)(1), which states: “[T]he application specification, including the claims, must be furnished in the form of a copy of the printed patent in double column format (so that…
Read MoreCan a reissue application claim small entity status?
Can a reissue application claim small entity status? Yes, a reissue application can claim small entity status if the applicant qualifies. According to MPEP 1442: “Small entity status may be claimed for a reissue application even though it was not claimed for the patent.” This means that even if the original patent did not claim…
Read MoreWho is responsible for reviewing a reissue application when a protest is filed and the patent is in a contested case?
When a protest is filed in a reissue application and the related patent is involved in a contested case, the review process involves collaboration between several parties. According to MPEP 1449: “In consultation with the examiner and the PTAB, a TC TQAS or SPRS will check to see that: It is particularly important that the…
Read MoreWhat are the requirements for a reissue application filed during litigation?
What are the requirements for a reissue application filed during litigation? When a reissue application is filed during litigation, there are specific requirements that must be met: Notification to the Office: The applicant must notify the Office that the patent is involved in litigation. Nature of the litigation: The applicant must provide information about the…
Read MoreWhat fees are required for filing a reissue application?
For reissue applications, the following fees are required: Basic filing fee (37 CFR 1.16(e)) Search fee (37 CFR 1.16(n)) Examination fee (37 CFR 1.16(r)) Application size fee, if applicable Excess claims fees, if applicable As stated in the MPEP, “The basic filing, search and examination fees are due on filing of the reissue application.” However,…
Read MoreHow are references from the original patent handled in a reissue application?
In a reissue application, the examiner should consider all references cited during the original patent prosecution. These references should be listed on a PTO-892 form if they are cited or applied again in the reissue application. However, some references may no longer be relevant due to changes in claim scope and may not need to…
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